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05/18/1993 - City Council Regular
•ecause of the School Board Elections, the May 18 meeting vill not begin until 8:00 p.m. AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MAY 18, 1993 8:00 P.M. I. 8:00 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 8:05 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 8:15 - DEPARTMENT HEAD BUSINESS (BLUE) A. FINANCE DEPARTMENT C), 1 1. Appoint City Insurance Agent/Broker ( B. PARKS & RECREATION DEPARTMENT P 1 1. Advisory Parks, Recreation & Natural Resources Commission Recommendation Regarding Feeding of Geese '� b 2. Consider Negotiations for Land Acquisition, Outlots C & D, Bridle Ridge 2nd Addition IV. 8:25 - CONSENT AGENDA (PINK) p. A. PERSONNEL ITEMS ,`p ( ( B. LICENSES , Plumbers 1 P, 1 C. AGREEMENT, D.A.R.E. and Police Liaison Services, City of Eagan and ISD #196 �' , 1 D. PROJECT 651, Receive Feasibility Report/Order Public Hearing (Cedar Grove 6th & 9th PAdditions - Streetlights) 7, n E. PROJECT -652 , Receive Feasibility Report/Order Public Hearing (Cedar Grove 3rd Addition (, - Streetlights) (7, (1 F. PROJECT 653, Receive Feasibility Report/Order Public Hearing (Cedar Grove 4th Addition t Q - Streetlights) P t- ` G. PROJECT 654, Receive Feasibility Report/Order Public Hearing (Cedar Grove 5th Addition - Streetlights) J0, 20 H. EXTENSION for Recording of Final Plat, Town Centre 100 - Eleventh Addition (Valvoline 11 / Instant Oil Change) 49..7 ' I. PROCLAMATION, Burnsville/Eagan Public Access Vcunteer Appreciation Day, June 5 , 1993 J . FINAL PLAT, Episcopal Church Addition P '�*A K. PROJECT 650, Receive Feasibility Report/Order Public Hearing (Hawthorne Woods 3rd Addition - Utilities) V. 8:30 - PUBLIC HEARINGS (SALMON) There are no public hearings. VI. OLD BUSINESS (ORCHID) lit Q A. CONSIDER Appointment to Fill Vacancy on Advisory Planning Commission � \ B. CONDITIONAL USE PERMIT, Adams Outdoor Advertising, to Allow an Advertising Sign on ? Parcel 011-27 Located on the East Side of I-35E West of Plaza Drive in the NW 1/4 of V Sec 32 --++ OLD BUSINESS (continued) P�-t( C. CONDITIONAL USE PERMIT, Adams Outdoor Advertising, to Allow an Advertising Sign on Parcel 041-01 Located Along the East Side of I-35E South of Diffley Road in the NE 1/4 of Sec 29 4 D. CONDITIONAL USE PERMIT, Adams Outdoor Advertising, to Allow an Advertising Sign on 1 . Outlot A, Rasmussen College Campus, Located East of Federal Drive Along I-35E in the NE 1/4 of Sec 16 VII. NEW BUSINESS (TAN) B0 A. AMENDMENT, Ordinance, City Code Chapter 4, Placement, Erection and Maintenance of r' Signs t3 B. REVIEW, Conservation Easement, Lot 3, Block 1, Harvey' s Heritage Addition ` 65C. VARIANCE, R.A. Kot Homes, of 10 Feet to Reduce the Required Front Yard Setback from P 30 Feet to 20 Feet, Lot 1, Block 1, Suncrest Addition 1 in D. VARIANCE, Pamela Donovan, of 4' to Reduce the Required Side Yard Setback from 10' to 6' , 4166 Blueberry Circle WAIVER OF PLAT, Richard Bertz , to Split Lot 32, Block 2 , Lakeside Estates , into Two Parcels Located Along the South Side of Atlantic Hills Drive and a VARIANCE of 10' to the Required 30' Minimum Building Setback from Public Right of Way for Parcel B, SE / 1/4 of Sec 25 ‘:; F. PRELIMINARY PLAT, Rounds Addition/George & Marilyn Rounds, Consisting of Two Lots on ,P Approximately One Previously Zoned R-1 (Single Family) Acre Located Along the East Side of Pilot Knob Road North of Jurdy Road in the NW 1/4 of Sec 10 ie- ' G. PRELIMINARY PLAT, Lakewood Hills 2nd Addition/Jeffrey A. Rud, Consisting of Two Loll, on Approximately 3. 2 Previously-Zoned R-1 (Single Family) Acres Located Along the West Side of Lakewood Hills Road North of Cliff Road in the SE 1/4 of Sec 26 �/(a 1 H. PRELIMINARY PLAT, Lexington Meadows Addition/City of Eagan, Consisting of Eight .Lots 1 1 on Approximately 8. 3 Previously-Zoned R-1 (Single Family) Acres Located Along the North Side of Daniel Drive and South of Diffley Road in the NE 1/4 of Sec 26 VIII. ADDITIONAL ITEMS (GOLD) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attest to provide such aid. • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 13, 1993 SUBJECT: AGENDA INFORMATION FOR THE MAY 18, 1993 CITY COUNCIL MEETING .ADOPT>AGENDA/VPROVE MINUTES After approval is given to the May 18, 1993 City Council agenda and regular meeting minutes for the May 4, 1993 City Council meeting, the following items are in order for consideration. DEPARTMENT HEAD:BUSINESS ;,'. A. FINANCE DEPARTMENT Item 1. Appoint City Insurance Agent/Broker—The City is interested in appointing an insurance agent/broker for a three (3)year period beginning with the July 1, 1993, insurance • renewal with the appointment being subject to annual renewal. The City recently sent a Request for Proposals for Insurance Agent/Broker of Record to eight (8) firms. Notice was also published in the City's legal newspaper. The responses which were received from six (6) firms have been evaluated and ranked by the City Administrator and Director of Finance and reduced to three (3). The three (3) finalists have been scheduled for one-half hour interviews beginning at 6:00 p.m. on Tuesday, May 18, 1993. The finalists are Alexander and Alexander, Youngdahl and T.C. Field & Company. Councilmember Hunter has volunteered to join the City Administrator and Director of Finance in conducting the interviews. Assuming that a consensus on one firm can be reached, a recommendation will be made to the City Council for appointment. Councilmember Hunter has been provided copies of the responses from the three (3) finalists. If any member of the City Council would like any or all of the responses for review, please contact the City Administrator or Director of Finance and copies will be provided. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint the City's Insurance Agent/Broker for a three (3) year period beginning with the July 1, 1993, renewal subject to annual renewal per the recommendation of the interview panel. • • Agenda Information Memo May 18, 1993 City Council Meeting B. PARKS AND RECREATION DEPARTMENT Item 1. Advisory Parks, Recreation and Natural Resources Commission Recommendation Regarding Feeding of Geese--The City Council requested that the Parks and Recreation Department review a request from a resident to create an ordinance to prohibit the feeding of geese in the City of Eagan. Staff prepared a memorandum to the Advisory Parks and Recreation Commission and on Thursday, May 6, the Advisory Commission discussed this item. Enclosed on pages 3 through 5 is a copy of a memorandum from Director of Parks and Recreation Vraa regarding this item. It was a feeling of the Advisory Parks, Recreation and Natural Resources Commission that signs should be placed in Cedar Pond Park requesting that residents not feed geese and ducks in order to help control the number of geese and ducks in order to help control the number of geese and to eliminate problems associated with hand feeding of wild life and water fowl. ACTION TO BE CONSIDERED ON THIS ITEM: To provide staff with direction to either prepare appropriate signs for Cedar Pond Park restricting feeding of wildlife or to direct staff to prepare a draft ordinance prohibiting the feeding of ducks and geese at Cedar Pond • Park and/or other parks. • .12 • = MEMO IL _city of eagan DATE: MAY 10, 1993 ill T0: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: FEEDING OF GEESE AND DUCKS Background At the City Council meeting regarding the translocation of Canadian geese from Cedar Pond Park, a resident spoke in favor of creating an ordinance to prohibit the feeding of geese. This item was referred to the Parks and Recreation Department for review. Staff prepared a memorandum to the Advisory Parks and Recreation Commission and on Thursday, May 6, the Advisory Commission discussed this issue. i • Analysis Staff learned in a conversation with Bob Foshingbaur, Wildlife Specialist at the University of Minnesota, that random feeding can contribute to the number of problems associated with geese in a park and a recreation area These problems include: 1. Food stuff, such as bread, may become the primary food source for geese, yet offer little nutritional value. 2. Geese are encouraged to stay at feeding locations far beyond their migration period which can lead to premature death or disease as a result of colder temperature and loss of open water. 3. Research indicates that geese will 'in-migrate' from adjacent ponds when food sources become plentiful. Feeding areas are within the park tend to congregate geese; leading to escalating problems of sanitation, turf damage and excess nutrient run-off into adjacent water bodies. 4. Geese can become more aggressive when brought in close contact with humans which often results as part of any hand feeding that may occur. Other agencies were also contacted with how they are dealing with goose population control. The City of Bloomington has reported that as part of their translocation program at Normandale Lake Park, they have initiated a signage program at the park which prohibits public feeding of geese and ducks. However, the feeding of geese at other park locations, where the problem has not been severe continues to be allowed. Bloomington Park Superintendent stated that the ban on feeding has significantly lessened the daily in- migration of geese to the Normandale Lake Park location. Hennepin Parks reports a similar policy is now being fc.mulated which would prohibit the feeding of ducks and geese in designated areas. Commission Discussion The Advisory Commission discussed the need for such a policy and confirmed the feeling that a signage program may be more appropriate than an ordinance. Members of the Commission noted that not all park areas are having problems and that feeding could be a part of the culture of the community as long as the feeding does not get out of hand. A Commission Member commented that an ordinance may cause more problems than it is worth because of enforcement. After further discussion, tt was the recommendation of the Advisory Parks,Recreation and Natural Resources Commission that the City place a sign at Cedar Pond Park to prohibit the feeding of water fowl at this location. If the problem persists, additional review may need to be done to see if more stringent measures should be taken. Summation In summation, the Advisory Parks, Recreation and Natural Resources Commission is recommending that signs be placed in Cedar Pond Park requesting that residents not feed geese and ducks to help control the number of geese and eliminate problems associated with hand feeding of wildlife and water fowl. For Council Action It would be appropriate for the City Council to take action on this item and to direct staff to prepare the appropriate signs for Cedar Pond Park restricting feeding of wildlife or, direct staff to prepare a draft ordinance prohibiting the feeding of ducks and geese at Cedar Pond Park and/or other parks. 4111 KV j d! D3GEESEFD MEM • q f 04 16 93 14 :33 FAX 012 625 5299 ENTOMOLOGY & F&R @1002.002 i g " r i 2 J f =- t4 u 7 tie )r � v `� s, w n w 1 Ili 0 F. F. '"" ` C- = 0 -2.! i ' 1:, _.41 ? 1 gi .EK " tkIF., - - = = c `' �' rr ,# 4,•.h4.; 1111 :11 vye ,9i ht - SgEQ . 54 \`,, ■ i 1!JI11JI1 _ V I R 7 71 v U °e� 1Q� T. h L'' " v E k..7.-. E E v S M F i .O g V fir q t" E r , . y ` �'- - . ~ `` O ` c ~`� r` •:/� ' I� -.or • 1 ,....1_,..1.::-. ..z.. . . .N.- 1,..7. . , . , _ ., _ iv*. ., .._ c ..... 4.4.,. 4 ....,, ilhairp ‘*f I 1 .Nr....-: "ii C A.--4blar--- ii„ §. N.t. .3 2. glEi g . 4 r Zfis c , P. • "1 Iii !1and Ufl L,. , ji. ..... Allillk...,4 A1111‘1, 1 li ••e .rg'V 1 It i• 111-i 12 i ill t..Ssal 1114 '3ilt p !.. § .... 1 `,'� l' I " uwn ilIuw r Ip- N\ _ , d1U1111iMiIllhll1UUi \ice. !' ' ; b .1 II iiii ' E � ? ' "o1! li -s i ! .44.-' ` — c tit.2 = E E li Z Y E • � -� t "c6n2 � � 3c � «s _ r ZEi �.� 'rszev Agenda Information Memo May 18, 1993 City Council Meeting PARKS AND RECREATION CONTINUED Item 2. Consider Negotiations for Land Acquisition, Outlots C and D, Bridle Ridge 2nd Addition--This item concerns the acquisition of two outlots within the Bridle Ridge 2nd Addition for incorporation as open space/park land. The outlots in question are land locked. The Park and Recreation Department is interested in acquiring the outlots to extend a trail along the eastern edge around a small pond which is under consideration for enlargement for water quality purposes. Enclosed on pages 7through ?is a copy of a memo from Director of Parks and Recreation Vraa regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To recommend or not recommend that staff negotiate the acquisition of Outlots C and D of Bridle Ridge 2nd Addition. S • MEMORANDUM TO: TOM HEDGES,CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL MEMBERS 4.06j;ROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 11, 1993 RE: OUTLOT ACQUISITION, BRIDLE RIDGE SECOND ADDITION Issue The issue before the City Council is the acquisition of two outlots within the Bridle Ridge Second Addition for incorporation as open space/park-land. Background The two outlots (see attached graphics) were created by Sienna Corporation with the Bridle Ridge Second Addition. It was their expectation and intention that when the Govern Trust • property was developed that these two outlots would be incorporated into a residential subdivision. Sienna had prepared a preliminary drawing reflecting this. Argos Development has acquired this property and is now preparing a preliminary plat application for processing by the City. These two outlots then become landlocked. In discussion with Sienna Corporation, they seem agreeable to selling this property to the City for park purposes. The Department of Parks and Recreation is interested in acquiring these two outlots to extend a trail along the easterly edge around a small pond. Staff is currently reviewing this pond for enlargement for water quality purposes. Additional property would allow for that as well as integration of a trailway. At this time, staff has not entered into any formal negotiations with Sienna pending approval of the City Council. However, preliminary discussion with Sienna Corporation indicates a willingness to sell this property to the City if it is to be used for parks purposes only. Council Action To recommend staff negotiate the acquisition of outlots C and D of Bridle Ridge Second Addition. KV/dj • D3BRIDOUTLT.ACQ n 01 1+ ,-- � � Ifilli. II111 � � � 1 ll 1 =���9) 0 ///if i ,/(e ! I \ -1 7j -I' GOpd ft 1 I V b / /lit,y �. 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'Ing talki , / \ / "....•>-- --- / -- -- --- . •l( . -.1.--=--% k-\ ��� s" �\ gip\ �11p / PARK'S -c, ;.114...--...... 0.. --S._,....._ \i ,� . ; .',,sr ...... , .. ..,,....„. ..... _ , ...a_ \ I , intlig* - sip."4-_ -fels_. - ma. .,ty. -7 • ,ze., ,..: , -.....-"/ • . IPir fal) o41d+OMEDIy�CB�7 WI 5 wn .•-...--, .. f-/'fi-:II 7 4-,..›..... ,s i\x. ' LEXINGTON AVE ' 1- ' IF 4. o... /� �J � ‘.-_,'--,..__.....2- `,�i I =VB057 CL i _ ,�° , � t BOSTON n �� ,._ — .'�� a '�`� .r�l K - /`J if.� + t// J -- A,---t. _ __.W /(� I'b f �I i - \�C. ..,- r m m f: eg.xc. n CP — - • '■ ,;( ----A1--5 ,,,..,...., \ ..-.---V,e-,-- -. ,,,,, , --.1 ,..,34,,,,. :.7. ' ,_____.. S _0111 .wCN�Sr�.w♦ ,.vE�/ 'O l �. O \�^ ° , t��. : �, �• __ v r � 41„„'-' >- � f `22 � i/�C L. x ^ F.. A >y 13 rww 1 V ,W ter - /21I � T �- E r ,. 211 a i .1F.--- � ai. 3 V� v 1 I f � 3 li, > ' g; --' 4— \ , _ -, Ile •-• \-i Q J 011 ,_ :JN �Q_ Jy) R. =tr. ;1 _ 11 i C'N ; ....::- i'.....' ''''''6007 : i'\ . •"j I ■ � —t W a ." s Q t. � k Z.--171 - * , -...."/yr.-.;::,,,, i--.../ .....,:,:,:; i m ....' ti y II§ +taw on , R 21 , 1_ � ..,= .rA RE • M.!""+ _` /2 _ -a ,c o5 3 • --„,., 1 410 I 9 ...._ Agenda Information Memo • May 18, 1993 City Council Meeting CONSENT AGENDA There are eleven (11) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS. A. PERSONNEL ITEMS: Item 1. Seasonal Park Maintenance Workers--After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Joseph Zumora and Marilyn de Leon be hired as seasonal park maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Joseph Zumora and Marilyn de Leon as seasonal park maintenance workers. Item 2. Seasonal Tree Inspector--After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Jeffrey Perry be hired as a seasonal tree inspector. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jeffrey Perry as a seasonal tree inspector. Item 3. Seasonal Substitute Concession Worker--One of the City's seasonal concession workers is unable to work due to a medical condition. Therefore, it is the recommendation of Superintendent of Recreation Peterson that Sarah Falls be hired as a substitute concession worker until the regular concession worker is able to return to work. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Sarah Falls as a substitute seasonal concession worker. Item 4. Utility Maintenance Workers--The City of E gan received applications from approximately 35 persons who met minimum qualifications for these two positions. All of these persons were invited to the maintenance facility to take a written test for the position. On Thursday, May 13, 1993, the top seven applicants were interviewed by a panel consisting of Superintendent of Utilities Schwanz, Utility Maintenance Supervisor Heuer, Utility Maintenance Supervisor Janes and Assistant to the City Administrator Duffy. Currently, references are being checked on the top two candidates. Names of persons recommended for hire for these two positions will be forwarded to the City Council with the Administrative Packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of persons to be named as utility maintenance workers, subject to successful completion of the City's physical examination requirement. Agenda Information Memo May 18, 1993 City Council Meeting • Item 5. Resignation/Assistant Chief Building Official--The City of Eagan has received a letter of resignation from Steve Hanson,Assistant Chief Building Official. Attached on page \L is a copy of his letter of resignation. Mr. Hanson is leaving the City of Eagan in order to accept the Chief Building Official position at the city of Apple Valley. It would be in order at this time for the Council to accept the resignation. Consistent with current City policy, Administration will review the position as it relates to the organization as a whole. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Assistant Chief Building Official Steve Hanson. • • May 5, 1993 TO: Doug Reid, Chief Building Official FROM: Steve Hanson, Assistant Building Official Please accept this letter as notification of my resignation from the position of Assistant Building Official for the City of Eagan. My last day of regular, full time employment will be Friday, May 21, 1993. I have been offered and have accepted the position of Building Official for the City of Apple Valley effective Monday, May 24, 1993. 1110 Please provide me with the information necessary to complete this process. Thank you, 41111 Steve Hanson cc: Jon Hohenstein Holly Duffy • Agenda Information Memo May 18, 1993 City Council Meeting • Item 6. Resignation/Part-Time Dispatcher--The City of Eagan has received a letter of resignation from Veronica Morrison who is a part-time dispatcher with the Eagan Police Department. Ms. M rrison is resigning in order to return to college on a full-time basis. Enclosed on page l'f is a copy of her letter of resignation. It would be appropriate at this time for the Council to accept the letter of resignation. Consistent with current City policy, Police Administration will review the position as it relates to the organization as a whole. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from part-time dispatcher Veronica Morrison. • 1,� May 1 , 1993 Kathy Bartel Lead Dispatcher Eagan Police Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Letter of Resignation Dear Kathy: This letter is to serve as notification of my resignation, effective May 30, 1993 . Although I have enjoyed working with the Eagan Police Department, I have made the decision to make a career change, and attend college on a full—time basis. I appreciate all of the learning experiences I have obtained while working here, especially learning the C.A.D. system. I will take all my experiences, educational and personal with me as I pursue a career in Court Reporting. sincerely apologize for any inconvenience this announcement may cause to the effectiveness of this department. • Sincerely, • CL>LCY-\C_Cci--- Veronica A. Morison • ommommommEM 1 Lte Agenda Information Memo May 18, 1993 City Council Meeting 110 PLUMBERS LICENSES B. Licenses, Plumbers--The City Code requires that all plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page j(, is a list of those contractors whose applications are in order for approval at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. S • PLUMBER LICENSES FOR APPROVAL - YEAR 1993 • 1. J. BAARS PLUMBING & HEATING 2. DMC PLUMBING & HEATING 3. DALBY PLUMBING 4. NEW MECH COMPANIES INC. 5. ONE STOP PLUMBING SHOP 6. SPARTAN MECHANICAL 7. LEE STULL PLUMBING 8. GREGG WERNER PLUMBING • For May 18, 1993 City Council meeting Agenda Information Memo May 18, 1993 City Council Meeting 40 D.A.R.E. AGREEMENT C. Agreement, D.A.R.E. and Police Liaison Services,City of Eagan and ISD #196--For each school year, the City of Eagan and Independent School District #196 enter into a D.A.R.E. and police liaison services agreement. At this time, it is appropriate to approve the DARE. and police liaison services agreement for the 1993 - 1994 school year. A copy of this agreement is not attached, however, if any member of the City Council wishes to review it, a copy will be available from the Administrative Secretary. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the D.A.R.E. and police liaison services agreement for the 1993 - 1994 school year. Agenda Information Memo May 18, 1993, City Council Meeting PROTECT 651. 652, 653 & 654 CEDAR GROVE STREETLIGHT INSTALLATION Special Note: In order to accelerate the installation of the streetlight system and minimize related restoration costs, a meeting was held with NSP, DEA, the City and the contractor to try and coordinate this work based on the street reconstruction progress to date. its approved schedule for completion and the June 1 public hearing for streetlight installation. Cedar Grove 3rd Addition has been scheduled to have its restoration fully completed by June 1. Other subdivisions are scheduled to proceed in a consecutive manner. However, the contractor has agreed to defer the boulevard restoration until after July 4 to allow the utility companies the month of June to perform the streetlight underground installation. However, this defers the sodding until the hotter part of the summer thereby resulting in greater efforts needed to ensure that the restoration takes root. 30 days during the month of June is a very short time frame for the utility companies to complete their underground installation. In order to meet this schedule, they have agreed to subcontract that work out. • However, in order to be prepared to begin on June 2 (after public hearing approval on June 1), the utility companies have to perform a certain amount of predesign layout, engineering, staking and ordering of materials. They have indicated they would be willing to proceed with this work in advance of the public hearing if the City Council would agree to commit to the "soft" costs incurred by the utility companies for this advanced work effort if for some reason the project is not approved at the public hearing date. The estimated cost is approximately $5,000 - $6,000. Therefore, unless the Council directs staff to the contrary, we will provide this commitment to the utility companies allowing this work to proceed on a fast track process. D. Project 651, Receive Feasibility Report/Order Public Hearing (Cedar Grove 6th & 9th Additions - Streetlights)--In response to a petition received by a majority of the residents, the Council authorized staff to prepare a feasibility report to identify the costs associated with this proposed project and the estimated assessment for each affected property. This feasibility report has been completed and is being forwarded to the City Council under separate cover for their information. It is proposed to schedule a public hearing to be held on June 1 to facilitate the installation of these streetlights with the street reconstruction work presently progressing under Contract 93-02. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 651 (Cedar Grove 6th & 9th Addition - Streetlights) and schedule a public hearing for June 1, 1993. 0 • E. Project 652, Receive Feasibility Report/Order Public Hearing (Cedar Grove 3rd is Addition - Streetlights)--In response to a petition received by a majority of the residents, the Council authorized staff to prepare a feasibility report to identify the costs associated with this proposed project and the estimated assessment for each affected property. This feasibility report has been completed and is being forwarded to the City Council under separate cover for their information. It is proposed to schedule a public hearing to be held on June 1 to facilitate the installation of these streetlights with the street reconstruction work presently progressing under Contract 93-02. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 652 (Cedar Grove 3rd Addition - Streetlights) and schedule a public hearing for June 1, 1993. F. Project 653, Receive Feasibility Report/Order Public Hearing (Cedar Grove 4th Addition - Streetlights)--In response to a petition received by a majority of the residents, the Council authorized staff to prepare a feasibility report to identify the costs associated with this proposed project and the estimated assessment for each affected property. This feasibility report has been completed and is being forwarded to the City Council under separate cover for their information. It is proposed to schedule a public hearing to be held on June 1 to facilitate the installation of these streetlights with the street reconstruction work presently progressing under Contract 93-02. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 653 (Cedar Grove 4th Addition - Streetlights) and schedule a public hearing for June 1, 1993. G. Project 654, Receive Feasibility Report/Order Public Hearing (Cedar Grove 5th Addition - Streetlights)--In response to a petition received by a majority of the residents, the Council authorized staff to prepare a feasibility report to identify the costs associated with this proposed project and the estimated assessment for each affected property. This feasibility report has been completed and is being forwarded to the City Council under separate cover for their information. It is proposed to schedule a public hearing to be held on June 1 to facilitate the installation of these streetlights with the street reconstruction work presently progressing under Contract 93-02. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 654 (Cedar Grove 5th Addition - Streetlights) and schedule a public hearing for June 1, 1993. • • Agenda Information Memo May 18, 1993 City Council Meeting FINAL PLAT EXTENSION/TOWN CENTRE VALVOLINE OIL CHANGE H. Extension, Final Plat, Valvoline Instant Oil Change, Town Centre 100 - Eleventh Addition--Enclosed on pages ea + through 2? is correspondence received of Valvoline Instant Oil Change relative to the final plat of Town Centre 100 - Eleventh Addition which received final plat approval on December 16, 1992. The plat has exceeded its 60 day period for recording and the applicant is requesting a continuance of the time for recording to June 30, 1993 to permit the timely closing of the property acquisition and recording of the plat. The original plat approval was contingent upon the execution of a waiver of hearing which was completed. The assessments were certified to Dakota County and appeared as an installment on the 1993 tax statement. In March of this year, the City received a request to cancel the assessments since the development was not proceeding. A copy of that request is enclosed on page The request was complied with, consequently the original waiver has been canceled. Approval of the plat extension should be subject to the execution of a new waiver of hearing at the 1993 rates now in effect. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an extension for • filing of the final plat of Town Centre 100 - Eleventh Addition for Valvoline Instant Oil Change through June 30, 1993 contingent upon the execution of a new waiver of assessment. S 141111L itVroMe VALVOLINE INSTANT OIL CHANGE INC Amsnamr AW7Anig, 1. -3 , 1993 REn • BVED Tidley KA'y n E 9 anner u 4 1993 City ff Ea ,7 ,n 911 : t Einor F- oad _______ E .E1 : 1 - 1 : 97 RE : TOWN CENTRE 100 ELEVENTH ADDITION E reoest to extend the date for recordin: of the leteoencef sutdivision thr: J:n :une 30 , 1993 . Cr. 1 - = e: : er 191 , the a:an City Ccooil approved the final plat for rl _ eentn Aodition . The porpose of thr plat allow for one lot , namely Lot 1 , El: : •. 1 , t: Valvoline Rapid Oil Change , and one Ootlot , : 2E E717 ciroumstandes of thlE transaction , it WeE 7E :EEEErth t : : anf Ea:an H.E1ChtE Commercial Park , the Seller , to o l : se thL : sale anf record the plat prior to December 31 , 1991 . If we tl 01 : : e Tricr to year end , the costs to close in 1993 for tooth Valvoline and Ea:an Hei:nts Commeroial Pork ahf theoefore the budgets for the proleot would have to be ', =_. *: E :7- tr:E the pro2ects feasibility . Unfortunately , even : rv: lved worked diligently towards a succAc ' ' o l : Eih7 Y7 ::ace to obtain this : t closing by the end of the year , the costs of the on :reaL- e.-3 si :nificantly and therefore it was put on hold it Oe determined whether or not it made economic sense to proceed with the transaction . Upon careful review and further negotiations , r : t: and Eagan Heights Commercial Park have concluded that s:n :e 7 : S1 of the plannin: work is already complete , that we should move . heE- d with the pro:ect . Afterall , we have been through the Fla: :.:: : : mission and City Council , the development contract has been .2'Ee: .:tE- 73 , and the plat is at the County awaiting instructions for Furthermore , Valvoline has paid all escrows , contract 7.-ErE ,.:E7t71 fee s , water quality fee ' s , etc . , and is ready to start for a 1993 opening . 1,7nfcrot - ly , according to the attached letter dated December 1E , 19: ty ;;o, :herTfennoc of the City of Eagan , we had only until _ 7 , : " 7- to record the plat . Since to date we have not close on toe ol and therefore the plat has not been recorded , we are .02 .... I , , , .. „ tnat tne :at)' consider an extension or the plat reoordin :; :., e:::uery 15 , .1 . to June 3c: , Valv: lihe lns .: an*: :11 2hanoe , Inc . is as-Aing for this extension for t_ he - , --_- -: -_ -_-: : :noil haE already approved the final plat plan , E1tC :-L : _ : 1- V TIE-.7: , :radin0 and. landsoape plans ; plattino . if We were re re to star tne .. , : -.-. . e ircm the tecannino , this p :o : e :t w: uld te . -77 .,: _. : . prcn.: teL 4: ::.c- n: mic deve .: : pment in the City oi be creal- ed and the develcpment will oreate t_ ax :even -_- E for the City . 111 „ .„. , eitenE : c..., is one of many contingencies whic:., IT :: : ": .11 close , I;eithe: this re,,juest , nor s.L.:: se (-:_---nt Co :: .: shall oblidate Valvoline instan-. develop this parcel . al : yo .:r efforts in workino with ).: E : 7, a re:: 'e s : noerely n :.pe thE c: ty can accommodate us on 7 '. ,1E- : : : ,-,-,:. .:_: :'1-,,&.1. 1 .L7. and look forward to your response . nave a7. . :, ,..eST-.:= E :: oomments regardana t1-.1s , please Ein7E1-. . ‘76.7 0 • LAW OFFICE OF CHARLES R. BARTHOLDI • 2780 NORTH SNELLING AVENUE, SUITE 327 ROSEVILLE, MINNESOTA 55113 TELEPHONE FAX (612) 631.8489 qq/� (6 2) 631-2475 WQG� q March 1 , 1993 .3 /V & 0 c- e 5777c- / `!� Marilyn Wucherpfennig Eagan Planning Department City of Eagan 3830 Pilot Knob Road Eagan , MN 55122 RE: Eagan Heights Commercial Park Valvoline Instant Oil Change , Inc . Lot 1 , Block 1 , Town Centre Eleventh Addition Dear Marilyn : This letter is intended to formally advise the City of Eagan that the real estate closing on Lot 1 , Block 1 , Town Centre 100 Eleventh Addition , between Eagan Heights Commercial Park and Valvoline Instant Oil Change , Inc. did not close within the time required in their Purchase Agreement . Due to the time necessary for plat approval , Valvoline Instant Oil Change , Inc . was unable to secure the financing needed to close on the transaction . Consequently , the plat was not recorded before the February 15 , 1993 deadline set forth in the Resolution approving the plat and the Development Agreement will not go into effect as a result of the condition set forth in Provision 25 of the Development Agreement rescinding the Agreement in the event that parties do not close on the Purchase Agreement . Since the approval for the Town Centre 100 Eleventh Addition plat has been rescinded , Eagan Heights Commercial Park requests that the Water Availability Assessment in the amount of $1 , 426 . 94 levied against Outlot E, Town Centre 100 First Addition also be rescinded and removed from the tax rolls . The assessment can be levied at such future time that another plat is approved and act recorded . I would appreciate your informing me as to the City ' s action rescinding the assessment and thank you for your assistance on this matter . L Sincerely , ° ^� 3 ` C Charles R . Bartholdi ,.�� Iv 0 CRB/Ot" \ -)Q \ •rs1 \KI' a 3 titi ( � Agenda Information Memo May 18, 1993 City Council Meeting PUBLIC ACCESS VOLUNTEER APPRECIATION DAY I. Proclamation,Burnsville/Eagan Public Access Volunteer Appreciation Day,June 5, 1993- -Enclosed on pages ,S through gZ co is a copy of a memo from Cable Coordinator Reardon requesting that the City proclaim June 5, 1993 as "Burnsville/Eagan Public Access Volunteer Appreciation Day." A copy of the proposed proclamation is attached to that memo. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim June 5, 1993 "Burnsville/Eagan Public Access Volunteer Appreciation Day." • I )L1 MEMO TO: ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN • DEPUTY MANAGER HANSOM FROM: CABLE COORDINATOR REARDON DATE: MAY 10, 1993 SUBJECT: CITIES ' PROCLAMATION - BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY, JUNE 5, 1993 Background Attached is a copy of a proclamation which proclaims Saturday, June 5 as the Burnsville/Eagan Public Access Volunteer Appreciation Day. The Cities ' proclamation of a Volunteer Appreciation Day coincides with the Cable Commission 's and Meredith Cable ' s sponsorship of the Public Access Volunteer Appreciation Event and Picnic on the sane day at Trapp Farm Park in Eagan. The last four volunteer appre- ciation events/days have been proclaimed as such by the Cities . The attached proclamation provides general background as to the number of volunteers, hours of programming, and number of productions provided by the volunteers in 1992 . Additional Information Also attached is a copy of the invitation that was sent regarding III the Appreciation Event. As noted, the awards ' ceremony will start at 1 : 30 p.m. As has been past practice, Mayor Egan and Mayor McElroy will be invited to present awards. If either Mayor is unable to attend, it would be appreciated if they would appoint a designee to make the presentations in their place. Obviously, all of the City Councilmembers are invited to attend the June 5 festivities. ACTION TO BE CONSIDERED ON THIS ITEM: On behalf of the Cable Commission and Meredith Cable, it is staff ' s request that the Cities consider adopting the attached proclamation at the Burnsville City Council ' s May 17 meeting, and at the Eagan City Council 's May 18 meeting. Cable Coordinator Attachments MR/vmd i aJ CITY OF EAGAN PROCLAMATION • BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY June 5, 1993 WHEREAS, from January 1, 1992 to December 31, 1992, approximately 150 citizens have volunteered over ten thousand hours of their time and energy to provide public access programming to the communities of Burnsville and Eagan, resulting in 666 hours of original public access programming and 433 productions , and WHEREAS, these public access programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities , which otherwise would not be provided, and WHEREAS, these volunteers receive no compensation for their time, energy and production skills , other than the occasional recognition by appreciative viewers and citizens, and WHEREAS, the Burnsville/Eagan Cable Communications Commission, in cooperation with Meredith Cable and their Burnsville/Eagan local access staff, have decided to demonstrate their appreciation by honoring all the 19,._ public access volunteers , with the Burnsville/Eagan Public Access Volunteer Appreciation Event and Picnic on June 5 , 1993. NOW, THEREFORE LET IT BE RESOLVED, that I , Tom Egan, Mayor of the City of Eagan, do hereby proclaim Saturday, June 5, 1993 as 4110 BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY in Eagan, AND, BE IT RESOLVED, that copies of this proclamation be displayed in the local newspapers and the local access facility at 4155 Sibley Memorial Highway, Eagan, Minnesota, as evidence of our esteem. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the City of Eagan to be affixed this 18th day of May in the year of our Lord One thousand nine hundred and ninety-three. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I , E. J . VanOverbeke , Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City • Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of May, 1993. E. J . VanOverbeke, City Clerk City of Eagan Agenda Information Memo May 18, 1993 City Council Meeting EPISCOPAL CHURCH ADDITION FINAL PLAT J. Final Plat, Episcopal Church Addition--The applicant and City staff are in the process of finalizing documents relative to the above-referenced plat. If all items are completed and executed in time for Tuesday's Council meeting, this plat will be in order for consideration by the City Council at that time. If not, staff will recommend continuance of this item at the time of agenda approval. For a copy of the final plat as it appears for recording at Dakota County, please refer to page . ACTION TO BE CONSIDERED ON THIS ITEM: To approve a final plat for Episcopal Church Addition as presented. • • i 5 1 I . . V; 2 i • . t i —. • i = • i; 5 I fl 1= . ! ii • :i 7 At i: s € i .:. • ' .i" • • , S 1 -I al t-.7:1 iii la ! . '.. I. •••••• la: i :3 1 j t ,. ...4. . .I i al 2:1 i .: p. 53:7--,: :a i i 7 I !It • 2- 1 1 ''' a • 3 r il. i •; "I a 2 - •• I 1.7'""-2 .3. 2 73 -2 , 75‘:210:- 12 i •.T1 12 • 12 : iii 21 2 1.2 r. i $17'37:;: ' E i -: /I •;= a7 i I 3 ;,..• •:- 2 :::.71..r :.! 7: 171 fi 1 2 I ; -. ". ...' 7"7.5 It i 1 ..:. 1 1 .2 iig -• ••i•g; ill g; 1 tf -., ,.i " i 1 . 1 ! 3 • i! t a: a i 2 2-::;= :It 1: ; li 7. r::: i'.; -. ..'2 •i •z 'ii 2 - g s. I : 1 1 - z 1 -i .t i - , ,...• I; ti 22 -.17 -I:1.071 -! I 1' '1 7 : s . ; .s. i ; 1 i 4i 1 1 1 • • i 1 Z. i:i. I_ "1•;;2;2-: !: i I. I , 3 ! :•.: I i , 2 = ' ' :: 1 . 2: , - i t I:: ,..! i= - ? ! 1 j E; • • i ' ! 7 1 Z 'I i!i. .1:7=- ' -. ' I.? 0 .1", li ' t! 2 . [ 2 - i . 1 r - : : I i ! 2 i .? C.) 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III 'I ! -___- -,. __ .".. h Z---' I ' ;:: 2 I r-, a t. , 14 '18 ; .-_- ,-,- •1 ; .i , ,-_ • . _ tr) •: 3: :2,'., z * ZI 1.! ' ------' I' u 7 ..; , • Tt —,-x- z-.c..--- . , . ,___ 1... .7- --.7; - --- : [ . I 3 -- ---,, , , . - 7• 4 32.* . , ....- •' t.,Irl' ,,,„ ' . - 4 : , c• :. :.-. 17..-- :CCU ,•, . _.. -- j .!. ' - ... _ • 0'12 C' . .. • ,_ ,I. ,!_j• ,..;,:.,,,,722.. .4,2 4t,_.__'' . Y`'....--'-''''.-------- • ; .,,, .. . -- - i 1r. .! --'"' ••■• ?is < > 3 ',-, 0 ! ..• :•-• --- • ■ , z .. .... ...r_...tr___..,7. 3 7,,,•, i.it ...' 2,' ii i• cz , 7:: 1 Z "1k, •■7 2' e ... .r: - • J :.$. ;, '''' -ns. n : ,- 7 - i Agenda Information Memo May 18, 1993, City Council Meeting • RECEIVE FEASIBILITY REPT/ORDER PUBLIC HEARING. (HAWTHORNE WOODS 3RD ADDN) K. Project 650,Receive Feasibility Report/Order Public Hearing(Hawthorne Woods 3rd Addition - Utilities)--On April 20, 1993, the City Council received a petition from the developer of the above-referenced subdivision and authorized staff to proceed with the preparation of a detailed feasibility report. This report has been completed and is being forwarded to the Council under separate cover for their information and consideration of scheduling a public hearing to formally present and discuss the proposed improvements, associated costs and related methods of financing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 650 (Hawthorne Woods 3rd Addition - Utilities) and schedule a public hearing to be held on June 15, 1993. 411 • Agenda Information Memo May 18, 1993 City Council Meeting • ADVISORY PLANNING COMMISSION VACANCY A. Consider Appointment to Fill Vacancy on Advisory Planning Commission--The resignation of John Griggs from the Advisory Planning Commission was officially accepted at the April 20, 1993 City Council meeting. At that meeting, Council directed that his replacement be chosen from the existing pool of applicants who had shown an interest in the APC. For your information, Mr. Griggs was in the final year of a three year appointment; his term would have been up at the organizational meeting of 1994. Administrative Secretary Finnegan has contacted the three candidates from the organizational meeting who had applied for the Advisory Planning Commission. Tim Worke and Roy Wallace have both indicated that they are still interested. David Medernach is not at this time. Enclosed without page number is the biographical information from the organizational packet. In addition, Gunnar Isberg, the current alternate to the Advisory Planning Commission is interested in the vacancy for a regular voting position. Should Mr. Isberg be the person appointed to the regular membership position, Mr. Worke or Mr. Wallace could be appointed to fill the remainder of the one year alternate position. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint a person to the vacant term • on the Advisory Planning Commission, said term expiring as of the organizational meeting of January of 1994. (If Gunnar Isberg is appointed to this vacancy, it would be necessary for the Council to appoint another person for the remainder of the alternate's position on the Advisory Planning Commission. The alternate's position also expires as of the organizational meeting in 1994.) S Agenda Information Memo May 18, 1993 City Council Meeting • CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING PLAZA DRIVE/I-35E SITE B. Conditional Use Permit, Adams Outdoor Advertising, to Allow an Advertising Sign on parcel 011-27 Located on the East Side of I-35E West of Plaza Drive in the NW 1/4 of Sec 32--At its meeting of April 27, 1993, the Advisory Planning Commission considered a conditional use permit application for Adams Outdoor Advertising to allow a double sided billboard advertising sign adjacent to I-35E, south of Cliff Road. This is one of four applications which the City Council directed to be reviewed under the existing ordinance before adoption of the amended outdoor advertising sign ordinance which will cap the number of billboard advertising signs, faces and square footage. One of those applications was processed at the May 4 City Council meeting, and this application is one of three to be considered at Tuesday's meeting. Following a determination on these three applications, the City Council will also consider adoption of the proposed ordinance amendment. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages .32—through. for your review. Also enclosed on Pes a g h39 are the APC minutes relative to .� throu g this item. The APC is recommending denial of the application for the reasons noted. Also enclosed on page is a summary prepared by the Community Development Department • of the billboard history to this point. This history is being provided as a background to all three of these applications before the Council at Tuesday's meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Adams Outdoor Advertising to allow an advertising sign on parcel 011-27, located on the east side of I-35E, west of Plaza drive as presented. • 3 \ St1 J ECT: CONDITIONAL USE PERMIT APPLICANT: ADAMS OUTDOOR ADVERTISING LOCATION: PARCEL 011-27, NW 1/4 SECTION 32 EXISTING ZONING: RB (ROADSIDE BUSINESS) DATE OF PUBLIC HEARING: APRIL 27, 1993 DATE OF REPORT: APRIL 13, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an advertising sign on Parcel 011-27 located on the east side of I-35E west of Plaza Drive in the NW 1/4 of Section 32. COMMENTS: The property is located along the east side of I-35E between the Galaxie Cliff Planned Development and the single family Berkshire Ponds neighborhood. The proposed double sided sign would be located on unimproved property more than 400' from • the nearest residential structure and over one mile from any other advertising signs. It be located on the side of the property abu7:ing I-35E and would be 10' x 25' (250 sq. ft. . with direct halophane lighting, not exceeding 40' in height, and would exceed all setback re:-irernents. The property in question contains some mature hardwood, including oak trees. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit shall be recorded with the Dakota County Recorder within 60 days with documentation provided to the City. 2. The sign shall meet the required 10' setback from the property lines. 3. The sign shall be subject to the one time sign fee of $2.50/sq. ft. 4. This Conditional Use Permit shall be subject to all other applicable Code requirements. S 3D._ FINANCIAL OBLIGATION - 32-CU-9.3-92, PID# 10.03200-011-27 • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. ImproNement Use Rate Quantity Amount Tr,: : Storm Seer C/I .036/sq ft 108,000 sq ft S3.888 Total ILM T.:: f;- ancial obligation is not considered a condition of issuance of the conditional use permit. It is supplied for informational purposes. r r-• • 3-3 Sti He_ i ••••.-,- -,/, , , ! / 1 / • ' , , ,i)///, , I//i„ / / i _ e_., N‘v / I 1• Ill , ,: / 2 y / • / / .1 / / 0 re)„ c,-,- / I/,,',i , / / / , /„ •\ r in. i!if % / 4,,,0 /, ' /7'/ /, I 7 ' '7/ / 1' // ,./ 1 / / / '-'''' . / 7 _ _ _ 2-,,,,, r's Ir rl tir/.7 ,/ // -/ i / 7 //, , / , / / ...,//, / j/ ,,, _, j/4 , //„, ,/, , 1, '1 : ‘\ tf , ,. 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I , 14,-7,- _., , - - - -- - , ‘ ,0-its, to - 0, , ,,,, i, 7, ,,i , ,,,,, ,i ,„,, ;--.., ...,, s-,N,. g ro 0 , ., , „42 ,,,,,,, ,r,- ,,...; ,,,c i , , ) .,P17,- ,0- Q \ \ ,N\ t--7 0 ji r;;-.',...7,,;-__Ai_,4.L,;;;.,.;.,.,.j1 1...,,,,'ii,....,J ...., . _ _.„-:, Fe' ilitv■ i "ii,0 I••-1 1111 ', `..:rgli I e '\■. \ .15((..‘ ` Nor4,4, E pi_ A tv • L, 4 0004O 1 -3S SOS, O4 CI 'f ar.Y �O n rt3 R 3 / o c4.&s clue 03u s ih Ps s exics ,71 F )rd- .2c) -c o7 ` u 1;4 e : �-(co -fie ' No r q, Z. ne c.)00 F�orv.se� S� • 4 APP reLe 47'3 ).16 ' ure HOC e �" 1)iS u e ':cv m S 35 Adams Outdoor Advertising Inc • SIGN SIZE 0' A5osq. ft. ] Il - _1J 1 I F ROUGH SAWN CEDAR 40' --SINGLE STEEL COLUMN GRADE S 3c Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 CONDITIONAL USE PERMIT - ADAMS OUTDOOR ADVERTISING Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow an advertising sign on Parcel 011-27 located on the east side of I-35E west of Plaza Drive in the „t: /4 cf Section 32 . City Planner Sturm stated that the proposed billboard would be 40 feet tall and 10 ' X 25 ' . He further stated that the billboard would be double-sided and V-shaped . John Bodger , a representative of the applicant , stated that this application meets_ all City Codes and mentioned that no variances are being recuested . He stated that the billboard will not be 40 feet in height , but instead 25 feet in height , so that it will not be seen from neighboring hones . Mr . Bodger stated that there is a clause with the property owner that when the land is sold to be developed , the billboard would be removed . He also mentioned that tobacco or liquor will not be advertised on this billboard. The residents of 4714 Plaza Drive stated that they will be able to see this billboard from their deck and felt that the billboard would not be compatible with the existing area . Member Gorman stated that he cannot approve this application because ( 1 ) this billboard will be too close to residential areas , (2 ) the billboard will not enhance the area , (3 ) the billboard will be a detriment to the area , and (4 ) it is not necessary. Member Miller mentioned that he cannot approve this application because the nearby residents are opposed to this application and it is in close proximity to residential homes . Member Heyl concurred with Member Gorman's and Member Miller ' s comments . 3�1 i Page 18/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 Miller roved , Gorman seconded, the motion to deny a Conditional Use Pernit to allow an advertising sign on Parcel 011-27 located on the east side of I-35E west of Plaza Drive in the NW 1/4 of Section 32 . All present voted in favor . EAGAN BILLBOARD HISTORY • August 1990 - CC approves temporary moratorium on billboards September 1991 - CC votes to retain existing sign ordinance October 1991 - APC recommends denial for Adams billboard request November 1991 - CC denies Adams request March 1992 - CC approves new moratorium on billboards June 1992 - CC organizes Sign Task Force August 1992 - Task Force begins meetings November 1992 - Task Force recommends denial to CC March 1993 - CC approves "no net gain" policy for billboards • • Agenda Information Memo • May 18, 1993 City Council Meeting CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING DIFFLEY ROAD/I-35E SITE C. Conditional Use Permit, Adams Outdoor Advertising to Allow an Advertising Sign on Parcel 041-01 Located Along the East Side of I-35E, South of Diffley Road in the NE 1/4 of Sec 29--At its meeting of April 27, 1993, the Advisory Planning Commission considered a conditional use permit application for Adams Outdoor Advertising to allow a two sided billboard advertising sign to be located on the east side of I-35E, south of Diffley Road as presented. For additional information with respect to this application, please refer to the Co unity Development Department staff report which is enclosed on pages l.( ( through 'f' for your review. Also enclosed on page 4.((e are the APC minutes relative to this item. The APC is recommending denial for the reasons noted in the minutes. Also enclosed on page al is a letter from Dan Dolan of Development Incorporated relative to this sign application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the conditional use permit for Adams Outdoor Advertising to allow an advertising sign on parcel 041-01, located along the east side of I-35E, south of Diffley Road as presented. • S 470 SUBJECT: CONDITIONAL USE PERMIT • APPLICANT: ADAMS OUTDOOR ADVERTISING LOCATION: NE 1)4 SECTION 29 EXISTING ZONING: RB (ROADSIDE BUSINESS) DATE OF PUBLIC HEARING: APRIL 27, 1993 DATE OF REPORT: APRIL 14, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an advertising sign on P.I.D. #10-02900-041-01. COMMENTS: The property is located at the SE corner of Diffley Road and I-35E and is currentl■ zoned RB (Roadside Business). The proposed double sided sign would lie 300' from the vacant R-4 property to the south and over 1,000' from the nearest existing single famfl structure. The property is primarily open grassland with few mature trees in the proposed sign area. The advertising sign would be constructed of rough sawn cedar with a single steel column and would measure 10' x 25' (250 sq. ft.) and stand 40' high. The sign would be lighted with direct halophane lighting and would meet, or exceed all setback requirements. If approved. this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit shall be recorded with the Dakota County Recorder within 60 days with documentation provided to the City. 2. The sign shall meet the required 10' setback from the property lines. 3. The sign shall be subject to the one-time sign fee of $2.50,isq. ft. 4. This Conditional Use Permit shall be subject to all other applicable Code requirements. • FINA_NCL4I, OBLIGATION • 29-CU-6.3.93, Parcel 10.02900-041-01 • Based upon t' e study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Trunk Storrs. Sewer C/I .107/S.F. 176,800 51 S18.918 Total L 18 oh1i ation is not considered a condition of issuance of the conditional use permit. 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SO -ce Q+ bi5-1-ta ►,cP 'CTarn R.-- l"1 Zone SoLA-L , 300 -C. -t- , - 1 • i1 1 1 i q.`• Adams Outdoor Advertising Inc SIGN SIZE • AS ' 10' X50 s q. ft. 1] 11 �1=111 11- 111Z�1 1 1 —ROUGH SAWN CEDAR 40' • SINGLE STEEL COLUMN GR • M Page 19/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 CONDITIONAL USE PERMIT - ADAMS OUTDOOR ADVERTISING Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow an advertising sign on Parcel 041-01 located along the east side of I-35E south of Diffley Road in the NE 1/4 of Section 29 . City Planner Sturm stated that the location of the proposed billboard is east of 35E and south of Diffley Road. The billboard would be 40 feet in height and 10 ' X 25' . He stated that the billboard would be 300 feet away from the vacant residential area to the south. John Bodger, representative of the applicant, stated that the applicant will agree to a sunset clause whereby if the residential area to the south is developed, the billboard will be removed . He mentioned that a variance is not being requested. Member Merkley stated that there are no direct homes adjacent to 0 the proposed billboard, however , residential areas are very close by. He felt that this application would not be compatible and does not enhance the area in any way. Member Hey? stated that she could not support this application because it is not harmonious to the area . Member Merkley mentioned that the billboard would "stick out" and look big and obtrusive . Member Isberg commented that he could not approve because of safety issues . He felt that passing, motorists would be looking at the billboard and not watching the roadway. Hey]. moved, Merkley seconded, the motion to deny a Conditional Use Permit to allow an advertising sign on Parcel 041-01 located along the east side of I-35E south of Diffley Road in the NE 1/4 of Section 29 . All present voted in favor. As APR-28-93 WED 12 : 17 DAN DOLAN 7386707 P. 02 . III . . . c. „ ,, ,, ., ! ,:,,—. A I L' c... .1 i;q 4 . A . . . tt J ' N / 4 `w 4, , , ., , ., ; f 'fi * i . ..., .4t ,:''' V 1 SS i \ ' April 28, 1993 t� , 4 The Honorable Mayor Tho Egan'and\" - '� Menbers of the City Co � , .J City of Eagan ' � d uno , 3830 Pilot Knob Road tix" ' Eagan, Mn 55121 �' RE: Proposed Billboard, Diffley Road and I-35E Dear Mayor Egan and Council Members, I would like to be placed on record as totally opposed to the proposal to install a 40 foot high, double faced billboard at the Southeast quadrant of Diffley Rd. and I-35E. Such a billboard would blight the intersection forever with its size and destroy any potential for creating a first class development on this corner. I urge you to turn this proposal down with a definite "NO" . Thank you for your consideration. Si = y, 0 ' Da' el F. 8 . General Partner Eagan 40/Wexford Community CC: James Sturm, Community Development Department DFD:geb . - Wexford. , 0 at Eagan Dan Dolan Development, Inc. • 1370 Donegal Drive • Woodbury, Minnesota 55125 612-454-1123 k .E`, 773EE 04-26-93 01 : 24Fl. FCO2 #1 ! agenda Information Memo • May 18, 1993 City Council Meeting CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING FEDERAL DRIVE/I-35E SITE D. Conditional Use Permit,Adams Outdoor Advertising,to Allow an Advertising on Outlot A, Rasmussen College Campus, Located East of Federal Drive Along I-35E in the NE 1/4 of Sec. 16--At its meeting of April 27, 1993, the Advisory Planning Commission considered a conditional use permit application for Adams Outdoor Advertising to allow a double sided billboard advertising sign to be located east of Federal Drive along I-35E. For additional information with respect to this item, please refer to the Community Development Department staff report w ich is enclose, on pages _YEi through S3 for your review. Also enclosed on pages,* through Sj are the APC minutes relative to this item. The APC is recommending that the application be denied for the reasons noted. Enclosed on page SIP is a corrected copy of the site plan submittal provided by the applicant noting that the distance from the sign to the north property line of the proposed location is 375 feet rather than 175 feet noted in the staff report. Also enclosed on pages5 through are copies of correspondence received by the City regarding this application from Federal Land Company and Allan Klindworth, a • resident on Blackhawk Lake Drive. Also enclosed on pages � through.'t\ is a packet of documentation submitted to the Advisory Planning Commission by attorney David Sellergren on behalf of Rasmussen Business College including that company's representation of a billboard location relative to their property, a letter from The Taylor Appraisal Company regarding effects of advertising signs on commercial properties, a tabulation of inquiries received by Rasmussen, a depiction of potential sign locations adjacent to I-35E, correspondence from the Opus Corporation relative to this issue and copies of correspondence to the City from representatives of Rasmussen Business College covering the past two years. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Adams Outdoor Advertising to allow an advertising sign on Outlot A, Rasmussen College campus, located east of Federal Drive along I-35E as presented. —Uc( SUBJECT: CONDITIONAL USE PER1MIT • APPLICANT: ADAMS OUTDOOR ADVERTISING LOCATION: OUTLOT A, RASMUSSEN COLLEGE CAMPUS (NE 1/4 SECTION 16) EXISTING ZONING: LB (LIMITED BUSINESS) DATE OF PUBLIC HEARING: APRIL 27, 1993 DATE OF REPORT: APRIL 14, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an advertising sign on Outlot A, Rasmussen Business Campus. located on the west side of l-35E, east of Federal Drive and south of Washington Drive. COMMENTS: The area directly abutting Federal Drive is zoned LB (Limited Business): west of Federal Drive is multi-family residential development; and two single family homes are located off Violet Lane. The proposed double sided sign would be over 400' from the nearest residential structure and one mile from the nearest advertising sign. It would stand at the east side of the property and would be 10' x 25' (250 sq. ft.), with direct halophane would not exceed 40' in height, and would meet, or exceed all setback requirements. The property in question is a vacant lot, containing no significant tree growth. If approved. this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit shall be recorded with the Dakota County Recorder within 60 days with documentation provided to the City. 2. The sign shall meet the required 10' setback from the property lines. 3. The sign shall be subject to the one-time sign fee of $2.50/sq. ft. 4. This Conditional Use Permit shall be subject to all other applicable Code requirements. • FIN.A.NCLAL OBLIGATION • 16-CU-7.3.93 Outlot A, Rasmussen College Campus Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee scbec;ule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Availability C/I S2,550/Ac 4.6 Ac $11,730 Charge Tr.:r.t: Storm Sewer C/I .018 s.f. 140,250 s.f. 2,525 Total S14?55, f: a-;cial obligation is not considered a condition of issuance of the conditional use permit. 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I SAWN CEDAR 40' SINGLE STEEL COLUMN 410 GR., • • �3 Page 20/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 CONDITIONAL USE PERMIT - ADAMS OUTDOOR ADVERTISING Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow an advertising sign on Outlet A, Rasmussen College Campus , located east of Federal Drive along I-35E in the NE 1/4 of Section 16. City Planner Sturm stated that this billboard is proposed to be located west of 35E, south of Rasmussen Business College . The billboard would be 40 feet in height and 10' X 25 ' . He stated that the billboard would be 400 feet from Royal Oaks Apartments . John Bodger , a representative of the applicant, stated that the billboard would not be visible from Federal Drive. He mentioned that when the site is developed , the billboard would be removed. Mr . Bodger stated that businesses in the area have been asking to have a billboard. This application meets all City Code requirements . Dave Sellergren , a representative of Rasmussen Business College , dodistributed a handout to the Commission members stating why Rasmussen Business College is opposed to this application. He stated that nearby property values would be adversely affected. Mr. Sellergren stated that a majority of their students learned about Rasmussen Building College by driving by the campus . If the billboard is erected it will be harder to see the school and Rasmussen Business College will lose students and money . He stated that if the billboard is approved , Rasmussen Business College will be forced to erect a pylon sign on their site and this could start a sign war in the area . He also felt that the billboard would be detrimental and not compatible to the area . Member Miller stated that he cannot approve this application because adjacent property owners do not want the billboard. He also felt it would not be harmonious to the existing area and wci;d significantly visually detract from the area . Member Isberg stated that he agreed with Member Miller' s comments . Member Gorman mentioned that there is single-family housing in the area and the billboard would have a negative impact on the area . Member Merkley concurred with the other member 's comments. Sy:(- Page 21/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 Miller moved , Isberg seconded , the motion to deny a Conditional Use Permit to allow an advertising sign on Outlot A, Rasmussen College Campus , located east of Federal Drive along I-35E in the NE 1/4 of Section 16 . All present voted in favor. ADAMS MPLS TEL No . 612 936 9605 Apr 28 ,93 6 :35 P .03 -s r 7-47 PI.AA/ -- /o cc4 hl,et: COes i,'aP 2--..3.5-E ak a 1 Pi'/o+ k rick-) 2 v r1'ec7: L B - L i+v,:4 ea) 0 Lf.s.i n e. s.s 4 . Nor3h ilq _ I V q _ o n? � 1110 ■-... )4 r 7 ,,,, , -� So 4L )ire (?c.) lk, _. _i_., "le N 0 ri-4,, Line :31.5 fr e.- ft. Cora Wes+ Z.;ne ado -4 .gyp if . ... b 4 n c e -�cotr, __ RiAsi De..A-i'c., k Sit'uc'fu re OJe r .1-t oo 44e e- -", d JQr 1 rnI ie +t, MJer+-i;s1 A 4110 - .-. lot Net2.4.4.40.4: W2-t/ca .S'-"-(g" R-95% 612 936 9605 04-28-93 09 02A P003 #04 • Federal ���� Land -, 2 9 d Company 411 Sc.,oe ^,"ce ' • 347 Wosn,ngron Dn�e • S���e 104 • Eogon Min} o,oco Te 6 2-4'-'2-7303 FAX 612-452-3362 April 27, 1993 Mayor Torn Eagan and City Council Members City of Eagan 3830 Pilot Knob Road Eagan. Minnesota 55122 RE. Billboards • To Centre Area Dear Mayor Eagan and Council Members: I have been informed that by you have received an application for a conditional Use Permit from Adams' Outdoor Advertising for the construction of an advertising sign on Outlot A, Rasmussen Business Campus, located on the west side of 1.35E, east of Federal Drive and south of Washington Drive. Federal land Company opposes the construction of any billboards in this area The To Centre area of 4, the Cm is. in our opinion, a uniquely attractive suburban commercial center. This section of 1.35E is unclunered by billboards. The signage that advertises on-site businesses has been tastefully designed and erected A billboard will not be compatible in appearance with what Federal Land Company has attempted to achieve. Sight lines to misting businesses will be obstructed, and the driver will be distracted from the local business onentation to national advertisers who add little or nothing to our community. In the long run. billboard erection is a negative property value factor. For these reasons. Federal Land Company requests that the city deny the Conditional Use Permit, because it is contrary to City Code Standards for Conditional Use Permits, found in Section 11.40, subd 4 of the Eagan City code. In the view of Federal Land Company, a billboard is detrimental to the general welfare of our neighborhood. is not harmonious with the objectives of the Comprehensive Plan and City Code, and adversely affects the views available to drivers on 1.35E. Sincerely yours, FEDERAL LAND COMPANY By 7• Martin F. Colon s 04-27-93 04:4211 FR2 1r'T1NS;'AN,YIS TO 96814612 P001/001 I April 27, 1993 To: Jim Sturm City, ptani r Fax# 681-4612 I live at 1450 Blackhawk Lake Drive in Sagan, the Blackhawk Ridge Development. Yesterday I found out that a 'small' billboard may be erected in my neighborhood, South of Rasmussen Business College on 35E (approximately 1/8 mile from my house). I am against a billboard going up so close to my residential area. The main reason my family moved to Fagan was its aesthetics and rural atmosphere. Billboards "small" or "large" take away from that atmosphere. Billboards give a stigma of a cold, gray, cluttered, urban setting. I enjoy the clean, warm, fuzzy feeling of the existing Eagan. Why Change it? Billboards devalue a neighborhood and a community. Billboards do no 'fit" current environmental attitudes. There are more effective and less offensive methods of advertising these days. I am unable to attend the planting meeting scheduled Cur tonight, but would like my position known, I am against billboards defacing my neighborhood and community. Erecting a billboard South of Rasmussen Business College on 35E will devalue my residence and take away from the aesthetics of my community. Allan Klindworth 1450 Blackhawk Lake Drive Eagan MN, 55122 688-6087 1111 58 1:2-94 FROM F :NvET MHT:NI-1/ANLY1 : 612 945 4648 04-27-93 04 : 43PM FOCI ZO1 E4 04 : 0:FM`. .A` C TY OF EAGAN TO 93405584 PO04/005 1 S ii oc.u4de : clOes ,'c,c- 2--as-E L& o-F Pi'to+ kn ! Zane& : L .L3 - L ;n„.-feci) QusinesS 4 llmf M uy�,,, 1,10,4.1., 845 ..Ifs Ce/%g• 0(.4+ io+ A - For ate - ■ Q ht. ciaCt.01 -. ■ • v j u - (� Se 46 i �, - �o y' SOS . L,ne : �v Feet I _. Nor 44, l,,ne . 173 ± i _ L lies+ L.;h e .. dO0 4 4 e+ tg __ biS4CARCe "401)-N I R P s i c O Q r T c., t 'S c-6 r P . Ouvr I rn; If -i-e, NJer41,Si nC .4A-4.14111W -ra _ free. ep--( votiAiril ‘,ew-ele-etKcLi e7 prattle V 7 sci) - -ii 0 '• ' ''.'--4 :-::4: ---' , ... - - rt., _ 11 1 . ': j 343 t r:.; _ s. ! 3 fill{ ..`3-•i 7 • - p \\, of • s. 4. 2 H '� ' 1 11 _ - _4111: • _ . le r a • = _ a •— 1 ' •: t A i t _ : .. NW . - - .-I _ .,.._ :... i .. 7 ... . r... . , ...,::„. , : _ . • : f ! y - ■_a ■ A r=te-.` •- -••,� - - # t • \ 5�,1 i�. - : -• ■ ! a I. ..�a ! Sid i � ,� 7:2'. • ' ri • 'I • ,�• .II •,• • ■ ■ Co D ,84i27,, 993 18:44 FROM RESIDENTIAL RESEARCH TO 3485584 P.01 THE TAYLOR APPRAISAL COMPANY - --- BE AL ESTATE APPRAISERS• ANALYSTS • April 26, 1993 Mr. David Sellergren Doherty, Rumble, & Butler 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 RE: EFFECTS OF AN ADJACENT ADVERTLSING SIGN FOR RASMUSSEN BU StN SS COLLEGE BUILDING, EAGAN - CONSULTATION ASSIGNMENT Dear Mr. Sellergren: As you requested. I have driven by the subject property from Interstate 35W and have viewed the proposed location of the advertising sign and its relative location to Rasmussen Business • College. I have appraised properties in the past which have had sign easements. In my opinion, these signs impede the view of the property from their respective roadways. This impediment. consequently, causes a lessening of value. Over the years, in certain communities in the metropolitan area where free-way billboards are permitted, as soon as one sign goes up, they seem to multiply thereafter. When communities do not take steps to restrict or curtail the emergence of advertising signs, they, in fact, distract from the motorist viewing the roadside real estate. The owner's of the roadside buildings pay a premium to locate on a major thoroughfare or traffic artery to ensure public visibility. I have noticed a line-up of roadside signs along Interstate 494 in Richfield and Bloomington, and Interstate 35 in Forest Lake. Where there seems to be an abundance of signs, the eye contact of the passing motorist focuses on the sign and not the real estate. Of course this is what the sign is designed to do; however, it defeats the purpose of the buyer who chose to locate next to a freeway. Consequently, the real estate values along the freeways in some areas are not as high as they could be due to the abundance of advertising signs. S 5955 GOLDEN VALLZY ROAD,SUITE 100,MINNEAPOLIS,IN 2.61215544-9860•FAX 6121540-0149 e4,27,1553 10: 45, FROM RESIDENTIAL RESEARCH TO 34855E4 P.e2 Mr. Sellergren April 26, 1993 Page 2 in my opinion, the factors and having observed the subject � of the subject Considering all of adjacent will adversely affect the erection of a billboard on the � FnrPem property. Sincerely, =1-04,R;CI-SA COMPANY, INC. 1/" Dennis E. Taylor, MAI, SRA fop • • TDT . F. e2 Dire:: Cacitalization Tec'..nioue The overall rate is a direct ratio or percentage between the net operating income and the value or sale price. This technique aiaply capitalizes the net income generated by the real estate into an estimate of value. The overall capitalization rate represents an interest return on the investment and a return of the capital investment. The buyer may assume no depreciation over the period of ownership and possibly appreciation during periods of inflation. Consideratio^ can also be given to 'tax shelters' due to depreciation deductions on taxes. These factors can result in overall capitalization rates laver than current mortgage rates. The selection of this overall rate comes primarily from the market. After evaluating the resources in our office and other comparable market data, it is our opinian that the overall capitalization rate for the subject real estate mould be approximately 10 percent. Net Income / Capitalization Rate Estimated Market Value 5360,500 10S $3,605,000 Say, S3,600,000 The sane factors erpiained in the market approach are considered in this approach. batiaated Market Value $3,600,000 Less: Elevator (! 135,000) Loss of Visibility due to Naegl.e sign ($ 60,000) Loss of Bent due to Construction (s 100,000) Parking Limitations (3 212,000) Loss of gent due to Lack of Windows in Lover Level (3 79,000) Market Value of Subject 53,014,000 Page »5 • y_` _ (D3 6y.sinr;s Coll, •Rasmussen Business College EAGAN Each MN 612 i 66.74XX 140C:6.62-63C FAX 612; TO: Bill FROM: Kristi Waite DATE: March 18 , 1993 RE: Drive By Inquiries Inquiries generated from Rasmussen Business College - Eagan signs: Quarter Year Count Fall 91 31 Wintcr 92 60 Spr`_-:g 92 60 Su^.:- tr 92 69 Spring 92 28 . .rir DisringJished Two-year Colleges of Business,Court Reporting,Travel,Hosp:ality and Fashion. ( : ' GC S/i• / Fr \`�-,,'r C • • -------.'----- •,c., t»S vJ 9 . r C' y� \ T'T .., ♦ '4..r" .. r; ; ' (7,:l f✓ 1f,' [ >r , Z....."id:. .--._... ,,,,.....4t....„ ,, "...v.-z..77' 1 J. ° c � ., /, R 0 S t iC r . _,'11P C�-= 212 X15 �` / _ . ' - ,4 -- c`' � �`�� - "- 4`-- ��` y. ILLS' tom. `P '. '~t t` .r_ t C. • F o t• V /- o • 9 y...“ , ,. `` KIKCSF ,., . . •i W. 2 '- 1Q .''ft P .j i:r C Ii-; 1 � ° ��. • R• . ` ; ` .0 ., ' —i„.--�-!...-�- . '�'.. A!;i. j - Z .. � c _ •_ ` j` 0 ti • • Z ∎ l a S 1 r-- —, - — �- �� t D F -�T�p N r. • — .—. - ; ,. '�--egg,.•-.',d t. 0 UYUJ UUKPURA► . �N 441", DESlGPERS CONTRACTORS DEVELOPERS 80 D:us C,ente Mailing Address °_9a bren Roac East P.O Boy 150 Minnetonka.Minnesota 5E343 Minneapolis.Minnesota 55440 • 1E':2;936-4444 Fax(6121936-4529 May 26, 1992 Mr. Dale Runkle Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Billboard signs Dear Dale: It is my understanding that the Planning Commission and City Council will be holding a joint meeting at the City Hall this evening to discuss the current policy on new billboard signs in the city. Unfortunately, I will not be able to attend that meeting. As a representative of Opus , Northwestern Mutual Life Insurance and ALSCOR, I want to go once again on record as opposing the granting of new permits for billboards along freeways within or 4110 in close proximity to e'.. r industrial parks . We have , for sore time now, vigorously opr7:sed the indiscriminate installation cf billboard advertising signs along the I-494 frontage between Pilot Knob Road and TH 55 , as well as the I-35E corridor from TH 55 to Yankee Doodle Road. Such signs are incompatible with the image that Opus and its joint venture partners have been working -rd to create within its parks. Therefore, we urge the Planning Commission and Council to prohibit issuance of permits for any new billboard advertising signs along major freeway frontage in Eagan. Sincerely, LiCee Robert A. Wort gton, AICP Executive Director - Governmental Affairs RAW/krm cc: Dale Huber, Northwestern Mutual Life Insurance Tony Navarro, ALSCOR Marc Anderson, Opus a:e:._—:3^,es .a:r .^icag DaAs Denver • n:a:. At :wa.Lee • Minneac:;s • Torn:3 Ptr.sa::_ :e^ -N14:tN TO: Mayor and City Council Rasmussen Business Colleges Rasmussen FROM: Bill Nemitz I Business Colleges Rasmussen Business College AD MINI STF, JIVE O F F I C E DATE: March 1, 1993 12450vM21:E Suite 225 SUBJECT: City Code Amendment/Offsite Advertising Signs 612 FAX 612.E4 We just learned today that the Council will consider amending the code on billboard advertising. We plan to be at the meeting but urgently request your consideration of the following: 1. We support the proposed amendment to ban billboards in Eagan. 2. We continue to oppose the application of Adams Outdoor to place a billboard in front of our Eagan location. 3. We are unaware of any evidence that the business community (other than sign companies) or the citizens support having billboards. 4. We, as a business in Eagan, are regulated on the signage we can use. Why should billboard companies be allowed to come in and advertise in front of our building. 5. The planning commission, the billboard task force, and the Council have in the past all opposed billboards. Why allow them now. What was allowed recently were conditional use billboards. That implies a short-term use, not permanent. However, once billboards are in, they will be hard to remove. 6. Let's keep Eagan a quality city. We have freeways on 35E and 494 that are harmonious with the beauty of Eagan. We don't need billboards detracting from that quality. 7. The Joint Economic Committee of the United States Congress reports that a city's quality of life is more important than purely business-related factors when it comes to attracting new businesses, particularly in the rapidly growing high- tech and service industries. 8. Three American cities voted most conclusive to business - San Diego, Seattle, and Portland, Oregon have all banned new billboards and enacted tough on- premise sign controls. Several states and many cities have already passed permanent moratoriums. This includes Minnesota cities of Mendota Heights, Golden Valley, Edina, and Roseville. S yiryy Dis`:gulshed Two-year Colleges of Business,Court Reporting,Travel,Hospitality and Fashion (S1.7 Eagan is an attractive city. Attractive cities generate business. Eagan should not lose • an advantage it has now by allowing billboards. The Council should take the stand to ban billboards and make it apply to any application existing. The Council has had a moratorium; has revisited all the issues, and has taken a stand to draft the amendment banning billboards. Let's move on. If it considers allowing pending applications, you will revisit all the issues on each application. frirely, / v W. C. Nemitz Vice President WCN/bet • Business Colleges 1.1111141% Rasmussen • Business College TO: Members of Sign Task Force E A G A N City of Eagan 3500 F? ! Ea n MN 6 ' FROM: Bill Nemitz 612/687.9C00 1-800;852-5:.'7 FAX 612;'687-1Si,7 DATE: September 10, 1992 SUBJECT: Billboards in Eagan As the attached correspondence indicates, we have to continue to oppose allowing billboards that we believe will have a negative impact on our college in Eagan. Let me summarize our concerns. 1. We do not believe that the argument to allow temporary billboards until land is developed is a valid argument. Once billboards are in, they will be here to stay. ?. We do not believe billboards are harmonious with our building site and setting; nor are they harmonious with a beautiful piece of freeway that is near our building. • 3. Why let billboards be put up that detract from existing businesses? There is also a possibility that the advertising could compete with business in Eagan. The armament is made that Eagan business would be promoted. However, if no one is signing up to use these boards, they will be sold to whomever wants them. Is there any evidence from existing businesses in Eagan that they want to support billboards or feel they would have a positive impact on their businesses? Present ordinances regulate the amount and size of signage allowed in businesses in Eagan. Allowing billboards will have a potential negative impact on existing buildings who meet code. We assume that the signage ordinance was designed to keep the city pleasing to the eye and not make streets look like Robert St. in West St Paul. Eagan is an attractive city. Attractive cities generate business. Let's not downgrade Eagan with billboards having a negative impact on the attractiveness that exists now. Eagan should not lose an advantage it has now. S i 'r y y Dis ngllished Two-year Colleges of Business,Court Reporting,Travel,Hospitality and Fashion. I�� 111111SiN Finally, the college helps g enerate 5usiness for Eagan merchants and businesses. u ness Coilrges 41101agarch 4, 1992 letter highlights how many people commute to Eagan, live here, or are 11USSel1 placed with businesses in the city. We are doing that without the need to use Business college billboards. E A G A N sou FecF21 We urge you to evaluate whether there is a real need for billboards in Eagan. Eacan MN 612i587-yJf= 1-soo F.52-5 bt FKX 612.5C -H: Attachment • "y V ;)L5;:n_sished Two-year Colleges of B -' • 'eporting,Travel,Hospitality and Fashion. • Rasmuen • Business eges ADMINISTATVE O r r I C _ 12456 tti1-.m_.._ Sure 201 Mirvec,nr 512 RX Et: March 4, 1992 Mr. jim Sturm Planning Advisory Commission City of Eagan Eagan, HN 55122 Dear Mr. Sturm: Some cf the argument for having billboards in Eagan center around the economic impact to the city of Eagan. We feel Rasmussen Business College has an impact on the businesses of Eagan. The attached figures indicate that 365 students, plus faculty and staff, commute dailv to and from the college. They also are users of the many retail businesses in the vicinity of the college. You will note that 572 students were enrolled from the period of July, 1990 through June, 1991 . Also please note that 106 students live or found housing in Eagan. And last, the college serves the needs of many employers in Eagan by supplying well-trained employees - to the work force needs of the business community. As the planning commission and the council deal with the billboard advertising issue, please remember that the existing businesses in Eagan have an economic impact as well. Sincerel , W. C. Nemitz Vice President WCN do Enclosure S RASM".SSEN BUSINESS COLLEGE - EAGAN July 1990 June 1991 • ,:ude:':ts 572 Day 339 Evening 233 Current day and evening college enrollment 365 Number of students living in Eagan 105 (includes out of town students that need housing) Facutt:: __ :ng in Eagan 7 =a .K_n lc,�ers who have hired Rasmussen students c. - Bruning JJJ Group, Inc . Eake: ' s Kentucky Fried Chicken Magnime*_ (divisic~ of Carg_i1) L. .:e Cross/Blue Shield Nace'l_ Cultural '.._hanger ET:C.KS 'ccd Market Northwest Airli::, Ce±arvale Lanes Northwestern Mutual Life Irs , Co , Crn r Hotel iDcubletree Club! Pizza Hut ' ?recision Mailers , lnt arc:2' Rainbow roods a. e-,rises Residence inn riot' Russ E. Ryan Cl:_ropract. fa- -cans:t Co. Superameric3 _ :ens Ea: Systems Centro_ target Store _-st Bank - Eagan . U. P.S look , Inc.. \ r.d::a.•!c, _:1C. .ernat .c.nal Tc..rs ar'_ ruises West ?ubzsh_ne Ai ranger- Yar.:ee Sciare inn, rs ammommommom • Rasmussen 1411k111111111\1"1\ Business Colleges February 17, 1992 Rasmussen • Business Colleges ACM IN!STRAT"VF O F F I C E T2450Wa, c,:: Mr. Jim Sturm Suite 201 minnei n a i,IN fw,;; Planning Advisory Commission 512'545—HE City of Eagan FAX 512 5.415-E1;23 Eagan, MN 55122 Dear Mr. Sturm: Please advise the Planning Commission that we still oppose the conditional use permit application of Adams Outdoor Advertising for outlot A adjacent to Rasmussen Business College. Enclosed for your information is a copy of the letter we sent November 27, 1991, to the City Council. The bottom line is that Adams keeps pushing for this sign when we, the closest business, continue to object. We do not believe this sign is harmonious with our building; nor is it harmonious with that section of the freeway. We built our building to present a dignified building and setting overlooking the • freeway for the college and the City of Eagan. We have signage meeting code. Why allow another business to put up signage that is detrimental to us? You allow one sign and all of 35E on that clean stretch will be open territory. These signs, if allowed, should be in industrial or similar areas. We don't know how to say no or how many times to say no that will sink in, but we will say "no" one more time. Sincerely, t W. C. Nemitz Vice President WC N r Enclosure 0 c....-__ __----) T .' Disn,K,::shed Two-year Colleges of Busi , ourt Reporting,Travel,Hospitality and Fashion. i e-- . \1 N - \ , RaSSSen November 27, 1991 `'w~ fll1 '`- BUSL725s C,7iieges , ikC �,_ _ ,.\�G Eu;(e 231 .. v '.1ir^eDr a '9N !"4:3 512`e45'3LV Honorable Mayor and F.yX 512.'545:--. City Council of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Ladies and Gentlemen: We wish to again state our opposition to the conditional use permit and variance of Adams Outdoor Advertising that was withdrawn at the November 7, 1991, council meeting. Adams has written us asking us to reconsider our opposition and offering us free signage. We are nor changing our position for the following reasons: '_. The temporary nature of these signs in todays economic market is more long • team then short term. 2. Why put signs where there is opposition? 3. We complied with the building signage ordinance of Eagan that limits the size of signage on our building. s. We do not believe Adams will suffer any hardship by denial of the applicadon. 5. We snongly believe that the billboard proposal would detract from our building. That building was designed and built to present a dignified building and setting overlooking the freeway for.. o the college and the Ciry placement of Eagan. The laccme.,t P of signs on the freeway will duct from our building and detract on 35E as well. People look at the sign and not see our building. • 6. Reference was made by Adams that we used a billboard by our Minnetonka campus. That we did—one time in the four years we have been on this site. We tried it because our building is blocked by that sign. It didn't do us any good that we can measure. • 1,4 -,, 7 7 -7 7 ^.Q'_'Sne'.i',vo-'ear C ii gees or Business, ur Repot-- 7 'e:.Hospitality and Fashion. Honorable Mayor and City Council of Eagan November 27, 1991 Page 2 7• Were an Eagan business and feel we can market our business without billboards on 35E. 8. This application should be denied—not withdrawn. Sincerely, • W. C. N'end Vice President W CN/Jr i • usiness Lor eges ot—ret Rasmussen •LLsness Colleges ACM ,T OFFICE 124;3 072:2 : Suite 201 October 28, 1991 Minriet:npz 'AN "7.4:6'2!54 '5E FAX 6,2's�^ Mr. Jim Sturm, City Planner City of Eagan Eagan, MN 55122 Enclosed is our letter to the Planning Advisory Commission that sums up our opposition to all such signs in Eagan. I consider it insidious that a sign company's plan is to apply for a "temporary" location subject to a future land owner's discretion on an investment of some $50,000 per sign. It would seem to me to be a method to acquire permanence through future renegotiation once in place. A lot of future land owners could be seduced by the $3,000 a month income these signs can produce and not concern themselves with the esthetics of the • community or the less than visible negative impacts on their own property. Sincerely, RASMUSSEN BLSDCESS COLLEGES //y Robert W. Nemitz President RWN/jr Enclosure 410 411g1P a � ' Discn:.:ished Two-vea.r Colleges of Busin — •rang,Travel,Hospitality and Fashion. , ),;4eV Bus uess Colleges Ii7Wiait . Rasmussen Business Colleges ' 6 ` " • �Mir�is 35 c OFFICE �'; �� - � �':� W 1245o w��-E�� October 22, 1991 � ��1 J'" 57-. � � V Suite 201 � " N II Minreonc,.N 5.�� / ! 512/545-;Qr: FA.)(512/545-n; /, ��w v Planning Advisory Commission U,.; � G el City of Eagan Eagan, Minnesota l \- t\l'\ 0/.?-i 7'or" Ladies and Gentlemen. I wish to object to the sigrrunder all circumstances. Our campus has set a standard for that neighborhood. The neighboring buildings have even painted their brick buildings to conform to that standard and are the better for it. We consider this lcind of highway signage the beginning of the end of a classy location. If you would like a comparison, I would invite you to our Minnetonka campus across • from R:dgedale on 394. We are buried in a conglomeration of signage. Attached is a page of the appraisal of our building there that shows a deduction of $60,000 in the value of the building because of an adjoining Naegle sign. Sincerely RASMUSSEN BUSINESS COLLEGES ' /// Robert W. Nemitz President RV /jr Attachment ' • TT TT Dis nk_ished Two-veal Colleges of Business Court Reporting,Travel,Hospitality and Fashion. CITY OF EAGAN N:T: Cz IS HEREBY GIVEN THAT ON Tuesday, October 22 . 1991 at 7 : 00 o ' clock p .m. a Public Hearing will be held by the Advisory Planning Commission at the Eagan City Eall pursuant to the application of Adams Outdoor Advertising in accordance with Chapters 11 and 13 of the Eagan City Code to consider the Conditional Use Permit for an outdoor advertising sign and a Variance to allow more than 250 sciare feet . and variances to Eagan Code Chapters 11 and 13 and/or • Cc-..:e^ensive Guide Plan Amendments , if required, for property located in Dakota County, Minnesota , T-27N, R-23W, described as follows : Located on Outlot A of the Rasmusson College Campus Addition located along the west side of I-35E east of Federal Drive in the NE: of Section 16 . ADVISORY PLANNING COMMISSION DATE:: October 8 , 1991 CITY OF EAGAN E. J. VAN OVERBEKE CITY CLERIC • u re:t :mot ta_:zatlon lecZrloue The overall rate is a direct ratio or percentage between the net operating income and the value or sale price. This technique simply capitalizes the net income generated by the real estate into an estimate of value. The overall capitalization rate represents an interest return on the investment and a return of the capital investment. The buyer may assume no depreciation over the period of ownership and possibly • ' appreciation during periods of inflation. Consideratio. can also be given to "tax shelters' due to depreciation deductions on tames. These factors can result in overall capitalization rates laver than current mortgage rates. The selection of this overall rate comes primarily from the market. After evaluating the resources in our office and other comparable market data, it is our opinion that the overall capitalization rate for the subject real estate mould be approximately 10 percent. Net Income / Capitalization late Estimated Market Value $360,500 10Z $3,605,000 Say, $3,600,000 The same factors explained in the market approach are considered in this approach. Estimated Market Value $3,600,000 I� Less: Elevator ($ 135,000) Loss of Visibility due to Kaegle sign ($ 60,000) Loss of Sent due to Construction ($ 100,000) Parking Limitations ($ 212,000) Loss of Sent due to Lack of Windows in Lover Level ($ 79,000) Market Value of Subject $3,014,000 APr.-0-; sal • Page w5 ` '` — -_ _ � -•- - • Agenda Information Memo May 18, 1993 City Council Meeting W 5S. .' CITY CODE AMENDMENT/OUTDOOR ADVERTISING SIGNS A. Amendment, Ordinance, City Code Chapter 4, Placement, Erection and Maintenance of Signs--At its meeting of March 2, 1993, the City Council directed preparation of an off- site advertising (billboard) sign ordinance which would cap the total number of billboard signs, faces and square footages such that there could not be an increase in any of those categories in the future. The intent of the ordinance, however, was to permit the owners of existing signs to combine and relocate signs from highly sensitive areas to less sensitive ones provided that such relocation would not increase the number of signs, surfaces or total square footage. That ordinance amendment has been drafted by City staff and the City attorney's office and has been reviewed and is in order for consideration by the City Council at Tuesday's meeting. A copy is enclosed on pages f 2.Jhrough for your review. Prior to the direction by the City Council on March 9, the City received ve conditional use permit applications for billboard sign locations. The Council directed that these applications be directed to the Advisory Planning Commission and reviewed on their merits for final • consideration by the City Council. Upon the approval or denial of these five applications, the Council indicated that it would then consider ratification of the proposed ordinance amendment. The aA endment would function by reference to Table A, a copy of which is enclosed on pages`'1 O through for your review. This table will be modified depending upon the outcomes of the three conditional use permit applications on Tuesday evening's agenda. In addition, staff is in receipt of correspondence, a copy of which is enclosed on pages'Mt) and ‘,O I. , from Naegele Outdoor Advertising suggesting three general changes to the ordinance. In summary these are: 1. That the distance between off-premise signs be increased from 1,000 feet to 1,500 or 2,000 feet on the same side of a roadway. 2. That off-premise signs shall be limited to business and industrial land uses located along 1-494, Cedar Avenue between Diffley Road and Cliff Road and g Y I-35E, north of Yankee Doodle Road. 3. The existing signs located at the rear of proposed developments may be maintained upon developed property subject to modifications of that sign's conditional use permit. • Agenda Information Memo 4111 May 18, 1993 City Council Meeting 4. With respect to these, staff has prepared a graphic which is enclosed on page \CT 'showing the current separations for billboard signs and those proposed by Naegele. As can be seen by the graphic, the addition of 500 feet to the current separation requirements would create certain limitations for additional signs in the proximity of existing signs, but would not exclude all potential sites for relocation in the community. While it does not apply to existing signs, the 1,500 foot separation is exceeded by all but two of the signs currently within the City. While no graphic has been prepared for the 2,000 foot spacings, the additional distance can be extrapolated from the graphic as presented. It should be noted that this separation only applies to signs on the same side of the street and that the existing code and proposed code would only limit off-premise signs within 300 feet of an existing sign on the opposite side of the street. The other issues raised by Naegele relative to permitted billboard areas and location of billboards on developed properties have been previously addressed by the City Council. At the time of Council's direction to staff relative to the ordinance amendment, its position was that it would not define permitted billboard areas other than limiting signs to commercial and industrial areas and that signs would have to be removed at such time as property became developed. • ACTION TO BE CONSIDERED ON THIS ITEM: To ratify an amendment to City Code, Chapter 4.20 relative to off-premise (billboard) signs as presented. • SENT BY: 4-29-93 ; 1:50PM ;SEVERSON WILCOX SHEL-i 612 r40 4619;# 2/ 9 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING PERMITS AND REGULATIONS, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARK" BY AMENDING SECTION 4 .20 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4..99. The City Council Of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Pour is hereby amended by changing Section 4.,20, to read as follows: SEC. 4.20. PLACEMENT, ERECTION AND MAINTENANCE OP SIGNS. Subd. 1. Purpose, Construction and Definitions. A. Purpose. The purpose of this Section shall be to regulate the placement, erection and maintenance of signs in the City so as to promote the health, safety and general welfare of the residents of the City. B. Construction. All terms and words used in this Section shall be given their common sense meaning considered in context, except as hereinafter specifically defined. C. Definitions. 1. "Sign" - Any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. 2. "Business Sign" - Any sign upon which there is any name, designation or advertising which has its purpose business, professional or commercial advertising and which is related directly to the use of the premises upon which the sign is located. 3 . "Non-business signs" - Any sign such as personal name plate or designation as for residence, churches, schools, hospitals, traffic or road signs, which do not contain advertising and are directly related to the premises upon which they are located. 4. "Free-Standing Ground Signs" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground and completely independent of R=94%. 61 432 3780 04-29-93 02: 53PM P002 #32 SENT BY: 4-29-93 ; 1:50PM ;SEYERSON WILCOX SHEL- 612 681 4612;# 3/ 9 any building or other structure. Any business free-standing ground sign which projects more than seven feet above ground level is considered a pylon sign. 5. "Off-Premise Sign" - A sign which directs attention tp a business_ commodity, service or entertainment conducted. sold or offered somewhere other than on the Drouerty upon which the sign is located. 6. "Pylon Sign" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the Zoning Chapter, and are subject to all conditions, regulations and fees required for conditional uses. 7. "Sign Area" - The gross area, exclusive of supportive frame, which contains copy or identifying features such as a f identifying Logo, character or identif g figure. The gross area shall be calculated as an enclosed area bounded by no more than twelve (12) straight lines. 8. "Sign Height" - The distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. Subd. 2. Permitted Uses. A. Location of Business Signs. Business signs are permitted on property zoned Business, Industrial, Agricultural, Public Facilities, R & D or PD only in conjunction with an approved Business, Industrial or Agricultural use. B. Location of Business Signs in Residential Areas. Business signs in Residentially zoned areas or areas of PD designation for residential use only under the following cases: 1. "For Sale" or "For Rent" signs, 41x4r or smaller, advertising the premises upon which such sign is located. 2 . Real Estate "for sale" signs, not over 100 square feet, or a land developer, which are located upon the premises offered for sale. 3. Area identification signs for major apartment complexes. 7p R-95% 612 432 3760 04-29-93 02 : 53PM P003 #32 SENT BY; 4-29-99 ; 1:51PM ;SEVERSON WILCOX SHEL-+ 612 681 4612;# 4/ 9 410 Subd. 3. General Sign Standards. A. Obstruction of Vision. No signs shall be erected or maintained in such place and manner as obstructs driver vision, or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. B. Location to Property Line. No sign shall be located nearer than ten feet from any property or dividing line. C. Location to Street and Railroad Right-of-Way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mail boxes, lamp posts, or the like. D. Moving Parts, Lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. E. Source of Lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. F. Painted Signs on Buildings. No signs are allowed which are painted directly upon the wall of a building. G. Construction and Erection of Signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional sign makers. Subd. 4 . Off-Premise Signs A. No off-premise sign shall be permitted in any zone within the City except as permitted under Subd. 4 hereof. B. h- •.,. - o - an -xistin. of -.remise i• ma • struct new ..off-premise sign pursuant to a conditional use Hermit under section 11.40. Subd. 4. of the City Code, and under the following criteria: 1. No sign will be permitted which increases the number of sins I - ,umbe of si• s de.i ted n .s amended from time to time 2. No sign shall be lagraitted which increases the total square footage of all signs beyond __the number of total square feet depicted in Table A, as amended froze ti to time. R-95% 612 432 3760 04-29-93 02: 53PM P004 #32 SENT BY: 4-29-98 ; 1:51PM ;SEVERSON WILCOX SHEL 612 681 4612;# 5/ 9 3 . No Sign shall be permitted which increases the total number of si•n - . aces •e o d t e o al 1r- - e faces depicted in _ . e • as amen, . e - ' 4 . The maximum square footage of a sign shall be 378 square feet: however, the City may allow a sign in excess of .on i the reduct'o • - e - - �- of sians. square footage or surface areas depicted in Table A, as amended from time to time. and (ii) amendment to Table A to reflect such reduction, and (iii) further so long as the total square footage of all signs is not increased beyond the total of sign square footage depicted in Table A, at the time of application for a new sign. 5. No si.un shall be located nearer to any other off-Premise sign than 1,000 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. 6. No sign shall be located on a platted lot which contains a business sign.. 7. No sign shall be located within 390 feet of any bee-standing ground sign or pylon sign. 8. No sign shall be located within 200 feet of any residentially zoned district. 9. No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base of the sign.. C. Any new sign permitted under Subd. 403) herein, shall not be placed upon any property upon which a building or structure already exists. D. Any sign, now existina or permitted to be constructed shall be removed prior to the City approving the Platting of the property upon which the sign is located or prior to the City juing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier. E. Any sign constructed pursuant to a conditional uese permit 'ssued •ursuant to S= . ' •n 4 B e eof .11 • - - - . . -ct , _ Cit •uncil's authorit under -cti•n .46 Subd. 4 o - _ le ode. R-95% 612 432 3780 04-29-93 02: ri9PM PnnF tt22 SENT BY: 4-29-93 ; 1:52PM ;SEVERSON WILCOX SHEL 612 681 4612;# 6/ 9 Subd. 5. Building Mounted Business Signs, Standards. A. Number Permitted. No more than one Business Sign for each major street frontage shall be permitted on a building for each business located within such building. B. Design Similarity. All Business Signs mounted on a building shall be similar in design. C. Sign Area. No signs or combination of signs mounted upon a building shall Cover in excess of 20% of the gross area of a side. D. Sign Protection. No sign mounted upon a building is allowed to project more than eighteen inches from the vertical surface of the building. E. Roof Signs. No sign mounted upon a building si allowed to project above the highest outside wall or parapet wall. Subd. 6. Free-Standing Business Signs, Standards. A. Free-Standing Ground Signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, 0 with four foot maximum height of sign area. B. Pylon Signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a free-standing ground sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the love level, roadway level, or a specified point between the two levels as determined by the Council. The level used shall be based upon visibility factors from the adjacent roadway(s) . The applicant shall submit diagrams, drawings, pictures and other information requested by the City prior to action by the Council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under Subparagraph C of this Subdivision.. C. Major Complex. When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one free-standing or pylon sign may be allowed for each major adjacent street. The Council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. D. Freeway Locations. An on-premise pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the City. Any business that acquires a permit to erect a pylon sign for freeway c R-95% 612 432 3780 04-29-93 02: 53PM P006 #32 ; 1:52PM ;SEVERSON WILCOX SENT BY: 4-29-93 SHEL 612 681 4612;# 7/ 9 411 identification may be allowed an additional free-standing ground to be located on the side of the property opposite of the sign p Pe Y PP freeway. All signs must comply in all other respects with the provisions of this Section. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. Subd. 7. Exemptions. Notwithstanding any other provision of this Section, the following signs are exempt from the permit or fee provisions of this Section. No exempt sign shall exceed 16 square feet of area except where stated below: A. Fo r sale, lease, or rent sig ns of real estate when located on the property advertised, and when under 16 square feet in total copy area. B. Church, hospital, or school directional signs, less than six square feet in total copy area. C. One on-property church sign for each church site. D. Signs warning of hazardous conditions. E. Simple information signs, such as "Exit", "Loading Dock", etc. F. Simple name plate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. G. Sings erected by a recognized unit of government having jurisdiction in the City, or a school district within the boundaries of the school district. H. Political signs for a period of up to ten days after an election, provided such signs contain the name and address of the individual responsible for erecting and removing the sign. I. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed twenty days. 3. Temporary signs for special business sales. There shall be no more than three such signs on any lot, with a combined area of less that 25 square feet. Temporary business signs shall be limited to a period of ten days out of any calendar month. The ten days are oounted sequentially from the day of installation of the first temporary sign to the removal of all temporary signs. R=95% 612 432 3760 04-29-93 02 : 53PM P007 #32 SENT BY: 4-29-93 ; 1:53PM ;SEVERSON WILCOX SHEL-, 612 681 4612;# 8/ 9 Subd. 8. Non-Conforming Signs. A. The Protective Inspections Department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the date of adoption of this Section. Removal shall be in accordance with Subdivision 10. B. Any non-conforming temporary or portable sign existing at the time of adoption of this Section shall be made to comply with the requirements set forth herein or shall be removed within sixty (60) days after the adoption of this Section. C. Other signs existing at the time of the enactment of this Section and not conforming to its provisions, but which did conform to previous laws shall be regarded as non-conforming signs which may be continued if properly repaired and maintained as provided in this Section and if in conformance with other provisions of the City Code. If said signs are no continued with conformance of above, they shall be removed in accordance with Subdivision 10. Subd. 9. Sign Permits and Fees. A. Sign Permits. No signs, except those specified in Subdivision 7 of this Section shall be erected or maintained 40 anywhere in the City without first obtaining a sign permit. B. Application, Permit and Fees. A formal application together with accompanying documents prescribed by the City shall be submitted to the City Clerk-Treasurer to obtain a sign permit. Permit fees are as adopted by resolution of the Council and shall accompany the permit application. C. Review of Applications. The Protective Inspections Department shall approve all sign permit applications except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the Council for final approval. D. Return of the Fees. In the event said application shall be denied, the City Clerk-Treasurer shall return the applicant's permit fee, less a reasonable amount determined by the Council which shall be retained as an administrative cost. Subd. 10. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the City and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. c(1 R-95% 612 432 3780 04-29-93 02: 53PM P008 #32 SENT BY: 4-29-93 ; 1:53PM ;SEYERSON WILCOX SHEL-i 612 681 4612;# 9/ 9 Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. a. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: T . • R-95% 612 432 3780 04-29-93 02: 53PM P009 #32 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING PERMITS AND REGULATIONS, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARK" BY AMENDING SECTION 4 . 20 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4 . 99 . The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4 . 20, to read as follows: SEC. 4.20. PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS. Subd. 1. Purpose, Construction and Definitions. A. Purpose. The purpose of this Section shall be to regulate the placement, erection and maintenance of signs in the City so as to promote the health, safety and general welfare of the residents of the City. • B. Construction. All terms and words used in this Section shall be given their common sense meaning considered in context, except as hereinafter specifically defined. C. Definitions. 1. "Sign" - Any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. 2 . "Advertising- Sign" -- ny sign, whether separate sign -structure, wail—painting or ^otth4e wise, upon tO}11^h--any display or advertising is placed which is unrelated directly to the--use of the premises-upo- - Advertising signs, when authorized, are considered—a -eonditIenal--user--as--defined by the Zoning Chapter, and are sub-jeet to all cendit-ions,--regu-la-tions and- fees -required-for _conditional uses---in------addit-ion -to--the requirements of the -pol-icy-adoptcd by the-Council on-May 19, 1987. 2 . "Business Sign" - Any sign upon which there is any name, designation or advertising which has its purpose business, professional or commercial advertising and which is related directly to the use of the premises upon which the sign is located. °6) -business Signs" - An 3 . ��Non g Any sign such as personal name plate or designation as for residence, churches, schools, hospitals, traffic or road signs, which do not contain advertising and are directly related to the premises upon which they are located. 4 . "Free-Standing Ground Signs" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any business free-standing ground sign which projects more than seven feet above ground level is considered a pylon sign. 5. "Off-Premise Sian" - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than on the property upon which the sign is located. 6. "Pylon Sign" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the Zoning Chapter, and are subject to all conditions, regulations and fees required for conditional uses. • 7 . "Sign Area" - The gross area, exclusive of supportive frame, which contains copy or identifying features such as a Logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than twelve (12) straight lines. 8 . "Sign Height" - The distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. --9 . '!Temporary Advcrti --is allowed -for-a-specified--duration-,-notes- a- exceed--t-w© (2) years Subd. 2 . Permitted Uses. -A. —Location--of "a •ert- ci..g Signs. Advcr-tiaing--s-igns-are _permitted.—on property zoned—Business—or-Industrial. Temporary __advertising ai gns advertising--tie::-- °_�'a ntlal-developments--ere allowed in-agr4culturally-zoned-areas do -site= A. Location of Business Signs. Business signs are permitted on property zoned Business, Industrial, Agricultural, Public Facilities, R & D or PD only in conjunction with an approved Business, Industrial or Agricultural use. • B. Location of Business Signs in Residential Areas. Business signs in Residentially zoned areas or areas of PD designation for residential use only under the following cases: 1. "For Sale" or "For Rent" signs, 4'x4' or smaller, advertising the premises upon which such sign is located. 2 . Real Estate "for sale" signs, not over 100 square feet, or a land developer, which are located upon the premises offered for sale. 3 . Area identification signs for major apartment complexes. Subd. 3 . General Sign Standards. A. Obstruction of Vision. No signs shall be erected or maintained in such place and manner as obstructs driver vision, or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. B. Location to Property Line. No sign shall be located nearer than ten feet from any property or dividing line. C. Location to Street and Railroad Right-of-Way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mail boxes, lamp posts, or the like. -Ne-- _._advertising_sign shall be. located nearer than twenty feet from -any—street -ighway er—rai-l-road ght- f—way- D. Moving Parts, Lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. E. Source of Lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. F. Painted Signs on Buildings. No signs are allowed which are painted directly upon the wall of a building. G. Construction and Erection of Signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional sign makers. • -Subd,-4,-Advertising-Signs, Standards • ---A. Location With-Respect to Othe ' • • - • • - • •- -shall aver o any ether advertising sign-than-1-7-000 --lineal----€eet en tie-same--s-idc of the-street, er with-in 3GO lineal -feet-of-any--other-adorer-tis-in• tion of the- -street.- - This spat --g 'eguirement-tea -Council„----be--waived--tor---temporary-advertising signs-aduertisi-eg -new---reside- - _ _ - :: - - - - = - - iocated-on a platted-met whic_=a nt-ainc a Business-Sign-or-wit-11-in 3O Q____fee#��anY Business Fra - t nd i n 7 Ground sign-or ign -measured - • = - - " d���a l o ert�--fig B. - Location—With-Respec ' ,°"� � -�'= P --2 0 0--feet--of-any --€.i n--s hall---be--}mated-xa ith�.n , advertising g os�e-s-�dc of the -residential--zone,-whether--ten-the-same--ter--the-app --street- , C. Siz- - - ' - - - - - - -all eXcee 750 qu r°--f°et- area, e2wept-whetr--adjacent-moo limited-ate hich -case ---the-Counci hall-deters-ire-the- ximu= e-a-f-ter--reviewing applicable---conditions--including-terrainT-sa€ety-#-actors i---etc -D•--Height----No--advertising-sign-shat-l-exceed-4 0--feet, -measu = - - - - -r a specified-point-between- -the--two e tci minCd Ly Lhe-Counci The-level used-shall be -based--on--vksibi1ity-actors-from-the-adjacent-roadway-(s) --Lot level-shall mean-the-height- of-the-land-at-the -base-of -the-sign. -The--applicant—shall—submit—diagrams,—drawings,--pictures-and --other -information--requested-by the--City-Prior--to -Council--action -upon .the appl.icat i on.. Subd. 4 . Off-Premise Signs. No off-premise sign shall be permitted in any zone within A.the City except as permitted under Subd. 4 hereof. . B. The owner of an existing off-premise sign may construct a new off remise sign pursuant to a conditional use permit under P following City Code, and under the fo section 11.40, Subd. 4, of the C1 v criteria: 1. No sign will be permitted which increases the number of signs beyond the number of signs depicted in Table A, as amended from time to time. 2 . No sign shall be permitted which increases the total square footage of all signs beyond the number of total square feet depicted in Table A. as amended from time to time. C( 3 . No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in Table A, as amended from time to time. 4 . The maximum square footage of a sign shall be 378 sauare feet; however, the City may allow a sign in excess of 378 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in Table A, as amended from time to time, and (ii) amendment to Table A to reflect such reduction, and (iii) further so long as the total square footage of all signs is not increased beyond the total of sign sauare footage depicted in Table A, at the time of application for a new sign. 5. No sign shall be located nearer to any other off-premise sign than 1, 000 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. 6. No sign shall be located on a platted lot which contains a business sign. 7 . No sign shall be located within 300 feet of any_ free-standing ground sign or pylon sign. 8 . No sign shall be located within 200 feet of any_ residentially zoned district. 9 . No sign or any part thereof shall exceed 40 feet in height as measured from the land adiacent to the base of the sign. C. Any new sign permitted under Subd. 4 (B) herein, shall not be placed upon any property upon which a building or structure already exists. D. Any new sign permitted under Subd. 4 (B) herein, shall be located only on property zoned for business or industrial use. E. Any sign, now existing or permitted to be constructed shall be removed prior to the City approving the platting of the property upon which the sign is located or prior to the City issuing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier. F. Any sign constructed pursuant to a conditional use permit issued pursuant to Section 41B) hereof, shall be subiect to the City Council's authority under Section 11. 40, Subd. 4 of the City . Code. S TABLE "A" Number of Signs Location Square Feet Surfaces 1. Highway 3 - 1. 4 miles South of County Road 32 500 Square Feet 2 2 . Highway 55 - Junction Highway 149 500 Square Feet 2 3 . Highway 55 - East of Lexington 110 Square Feet 2 4 . Highway 13 - Between Cedar and Rahn 110 Square Feet 2 5. Highway 13 - At Silver Bell 1, 344 Square Feet 2 6. Highway 13 - Between Cedar 250 Square Feet 1 and County Road 30 7 . MN 77 - North of Highway 13 (On Railroad) 756 Square Feet 2 8 . MN 77 - Between County Roads III 30 and 32 756 Square Feet 2 9 . MN 77 - North of Highway 13 756 Square Feet 2 10. I-35E - North of Lone Oak 756 Square Feet 2 il. Highway 149 - South of Yankee Doodle Road 110 Square Feet 3 12 . I 494 - West of Pilot Knob Road 756 Square Feet 2 13 . I 494 - Junction of I-35E 756 Square Feet 2 13 7, 460 Square Feet 26 = TOTALS S et <1'- Subd. 5. Building Mounted Business Signs, Standards. A. Number Permitted. No more than one Business Sign for each major street frontage shall be permitted on a building for each business located within such building. B. Design Similarity. All Business Signs mounted on a building shall be similar in design. C. Sign Area. No signs or combination of signs mounted upon a building shall cover in excess of 20% of the gross area of a side. D. Sign Protection. No sign mounted upon a building is allowed to project more than eighteen inches from the vertical surface of the building. E. Roof Signs. No sign mounted upon a building si allowed to project above the highest outside wall or parapet wall. Subd. 6 . Free-Standing Business Signs, Standards. A. Free-Standing Ground Signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four foot maximum height of sign area. B. Pylon Signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a free-standing ground sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the love level, roadway level , or a specified point between the two levels as determined by the Council. The level used shall be based upon visibility factors from the adjacent roadway(s) . The applicant shall submit diagrams, drawings, pictures and other information requested by the City prior to action by the Council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under Subparagraph C of this Subdivision. C. Major Complex. When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one free-standing or pylon sign may be allowed for each major adjacent street. The Council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. D. Freeway Locations. An on-premise pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the City. Any business that `P ... .. r. • ♦ ,....a .. _. _ �. ..... ..4'.. ..vi tits t. Ya..lW'a.y.s-t » w.M O ...0 a�a<<iu...�aw >..�i..iw.. ..0 r....w ... .r.. .� acquires a permit to erect a pylon sign for freeway • identification may be allowed an additional free-standing ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this Section. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. Subd. 7 . Exemptions. Notwithstanding any other provision of this Section, the following signs are exempt from the permit or fee provisions of this Section. No exempt sign shall exceed 16 square feet of area except where stated below: A. For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area. B. Church, hospital, or school directional signs, less than six square feet in total copy area. C. One on-property church sign for each church site. D. Signs warning of hazardous conditions. E. Simple information signs, such as "Exit" , "Loading Dock" , etc. F. Simple name plate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. G. Signs erected by a recognized unit of government having jurisdiction in the City, or a school district within the boundaries of the school district. H. Political signs for a period of up to ten days after an election, provided such signs contain the name and address of the individual responsible for erecting and removing the sign. I. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed twenty days. J. Temporary signs for special business sales. There shall be no more than three such signs on any lot, with a combined area of less that 25 square feet. Temporary business signs shall be limited to a period of ten days out of any calendar month. The ten days are counted sequentially from the day of installation of the first temporary sign to the removal of all temporary signs. Subd. 8 . Non-Conforming Signs. S Gri • A. The Protective Inspections Department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the date of adoption of this Section. Removal shall be in accordance with Subdivision 10. B. Any non-conforming temporary or portable sign existing at the time of adoption of this Section shall be made to comply with the requirements set forth herein or shall be removed within sixty (60) days after the adoption of this Section. C. Other signs existing at the time of the enactment of this Section and not conforming to its provisions, but which did conform to previous laws shall be regarded as non-conforming signs which may be continued if properly repaired and maintained as provided in this Section and if in conformance with other provisions of the City Code. If said signs are no continued with conformance of above, they shall be removed in accordance with Subdivision 10. Subd. 9 . Sign Permits and Fees. A. Sign Permits. No signs, except those specified in Subdivision 7 of this Section shall be erected or maintained anywhere in the City without first obtaining a sign permit. B. Application, Permit and Fees. A formal application together with accompanying documents prescribed by the City shall be submitted to the City Clerk-Treasurer to obtain a sign permit. Permit fees are as adopted by resolution of the Council and shall accompany the permit application. C. Review of Applications. The Protective Inspections Department shall approve all sign permit applications except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the Council for final approval. D. Return of the Fees. In the event said application shall be denied, the City Clerk-Treasurer shall return the applicant's permit fee, less a reasonable amount determined by the Council which shall be retained as an administrative cost. Subd. 10. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the City and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 4 .99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: • Date Ordinance Published in the Legal Newspaper: or\ (NAEGELE) Naegele Outdoor Advertising Company • April 23, 1993 Mr. Tom Egan 2969 Inland Road Eagan, MN 55121 Dear Mayor Egan, We have greatly appreciated the Council's discussion, patience, and willingness to permit a limited place for billboards in Eagan. Earlier this week I obtained from your staff a draft of an amendment for regulation of billboards. We respectfully request your consideration of the enclosed three additonal changes to that draft of the amendment. Change one would provide direction to billboard companies on where and how billboards may be appropriate in Eagan. It will also prevent the City from having to use the conditional use permit process to, for example, deny a 70 ft. tall billboard, two billboards on the same parcel of land, more billboards on Hwy. 77 on the river side of Hwy. 13, or a billboard on 35E next to Kettle Park. Better direction may avoid the threat or event of a lawsuit, or at least shift the burden of proof away from the City. Change two retains a provision of the present ordinance. The present • ordinance bans billboards from parcels where there is an on-premise sign. In most cases this permits billboards only on undeveloped parcels. Change two continues and strengthens that provision for new sites, but allows the Council, landowner/developer and billboard company some discretion when development is proposed for a site where a billboard exists. If all the parties can agree the billboard would not detract from, the development, and could provide an important benefit as a tennant of the development during the early stages or in a longer term, this change allows the agreement to be implemented. Change three would simply reflect the adoption of change two. We appreciate the time you have devoted to this issue and made available to us to discuss it with you. I will be calling you this week to ask for one more opportunity to talk with you about these changes. Sincerely ......-- h /W ----- Michael Cronin / c j4,--4)1142:511--,,„ _ ____ __________...., ..„.„.... -22) &efirfrii,jr cc: John Hohenstein A' • ---.Enclosures ifil 1700 West 78th Street • Minneapolis,MN 55423-3899 612/869-1900 • FAX#612/869-7082 • ADDITIONAL CHANGES TO THE PROPOSED AMENDMENT FURTHER REGULATING OFF PREMISE SIGNS IN EAGAN CHANGE ONE, Amend B, adding new sections 5 and 6 as follows: 5. The maximum height of an off-premise sign shall be no greater than 40/35 ft, and no off-premise sign shall be constructed less than 1500/2000 ft. from another off-premise sign on the same side of the same roadway. 6. New off-premise signs shall only be permitted on sites zoned or planned for business, shopping or industrial use, and only when the sign is located within 100 ft. of the right of way of Hwy. I-494, Hwy. 77 between Diffley Rd. and Cliff Rd. , and Hwy. I 35E north of Yankee Doodle Rd. CHANGE TWO, Amend C, adding this new sentence: C. Any . . . exists. Existing signs on sites proposed for development, or on developed parcels, and located to the rear of the existing or proposed development, may remain or be modified on City Council action amending or granting a Conditional Use Permit. CHANGE THREE, Amend D, adding this phrase: D. Any .. . earlier, except as provided in C. 4/23/93 gip .11111■1111•111111•110■11111P A N ) V N N H SOT A • •."•:•.111e11.0 10 1 6 90' pip ''••••••••• L* CAK RD LI:WE 04 RD pr APOLLO RD a , cr <Ill fr. ; I/ / 9 / / / A y4,,,EEE / MODI E 110 5 :i: /7 cf/<C' FS / W - ':.:■ / ^ 1 . --.:4 :---I' :ii.\: \i■ Ef__7171111_ • / „ 9 / ''--2-' 0 Eirr,k m m a; Z let_Acr• / i \ -......... • .' ‘s : Fill_L S. re e \ ,- .:,... . . L./Er,: paL q-, *ism-7T - IT 4(dl. _____// --, NOPINNIEW pka-------T____ .") 9 , / 7 ii... - 9 / DIE y RD D1FFL EY RD \ it / \---(' ,) wiing-wEss .1t .),) / I syir / a fi Cll.,. rn 7.5 1 1. arc PD PI :•:.* t ..;:i. • P " I 0 ri ::::::::::::::::::::::::::::::::::::::::::: 1 ,000' PLANNING DIVI5191 I ......•••...•.1 1,500' COMMUNITY DEVELOPMENT DEPARTMP IT :---,, 300' '.._./ • \i\-5-3.--. Agenda Information Memo May 18, 1993 City Council Meeting S MODIFICATION OF CONSERVATION EASEMENT/HARVEY'S HERITAGE ADDITION B. Review, Conservation Easement,Lot 3,Block 1,Harvey's Heritage Addition--At the time of platting of Harvey's Heritage Addition, a conservation easement was granted adjacent to Fish Lake which applies to all lots in the subdivision which reads "except for temporary seasonal docks, constructing, installing and storing or maintaining anything made by man, shall be pro ibited without prior written consent of the City." Enclosed on pages 1 through ` is a staff memorandum outlining a request by a potential purchaser of Lot 3 who indicates that the steep grade to Fish Lake would require the installation of a stairway to make a seasonal dock usable. In less steep circumstances, the conservation easement does not prevent residents from crossing the easement for purposes of using a temporary seasonal dock. If approved, the modification of the easement should limit the stairway to 4 feet in width with it being constructed in earthtone color and that no trees be removed in its construction. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a modification of the conservation easement for Harvey's Heritage Addition as presented. • S MEMO —city ea an of 9 TO: CITY PLANNER STURM FROM: PROJECT PLANNER RIDLEY DATE: MAY 11, 1993 SUBJECT: CONSERVATION EASEMENT HARVEY'S HERITAGE ADDITION Sally Fahey had a purchase agreement and closing scheduled for Lot 3, Block 1, Harvey's Heritage, when a title search revealed a conservation easement over a portion of the lot. The easement was granted to the City May 3, 1988 stating in part, "Except for temporary seasonal docks, constructing, installing, storing, or maintaining anything made by man shall be prohibited without prior written consent of the City". • The lot has a very steep grade to Fish Lake and Ms. Fahey is seeking approval for a site- sensitive stairway and railing to provide only pedestrian access to the lake. The current owner of the lot and grantor of the easement to the City, Mary K. Braun, is fully-supportive of Ms Fahey's request. Approval of this request shall require that no trees shall be removed, the width of the stairway shall be limited to 4' and it shall be earthtone in color, and shall be subject to staff's review and comments before construction begins. If you would like further information on this item, please contact me. Project Planner MR/js 1 • VC)LA f ,, 1-...r ''''' '--. El-yi ----\ -,› ' , -....0',...„ it 1 ' / 3 N • i itle i,,� r c. ,I „f , /1 4( J itto ---''- . ' ' i 1 ir t , ,1 ` , t , � ► i1,li \ J1 rrr� �\ _� _ _ -- is /0040.\‘‘ i • l, ---- - � - - -- I' 'l 1 - " +� V, 1\ ,A, ,4 fl, \ ) \,, \ . 1 \',` .0„ v, , , � ' 1. b � � l (z i �) 1iI / � ? I I) ' ' ', 'r •1� : � v A ' , , , �i 1 I� .� , / 1 1 , ' 1,'I' \ ` / / / -, .� ,/ � � 1, � l 0 / t. � Agenda Information Memo • May 18, 1993 City Council Meeting VARIANCE/R.A. KOT HOMES/SUNCREST ADDITION C. Variance, R.A. Kot Homes, to Allow a 10' Variance to the Required 30' Frontyard Setback on Lot 1, Block 1, Suncrest Addition—An application has been received for a variance of 10 feet to the required 30 foot frontyard setback for property located at the above-referenced lot in Suncrest Addition. For additional information with respect to this application, please refer to the Co.s ii unity Development Department staff report which is enclosed on pages r)"\through + or your review. Please note it is necessary for an applicant to demo trate a hardship for the City to grant a variance to the noted requirements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 10 feet to the required 30 foot setback for Lot 1, Block 1, Suncrest Addition as presented. • • ‘.0C4' SUBJECT: VARIANCE • APPLICANT: R. A. KOT HOMES INC. LOCATION: LOT 1, BLOCK 1, SUNCREST ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MAY 18, 1993 DATE OF REPORT: MAY 10, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 10' Variance to the 30' minimum setback from public right-of-way located at 3619 Sunwood Trail. BACKGROUND: In mid-October 1991, William Huttner, Owner of the lot, applied for and received a 10' Variance to the 30' minimum setback from public right-of-way. However, one year had lapsed without any utilization of the Variance, making it null and void. R.A. Kot Homes Inc. was informed of the Variance and its expiration by staff after discussion with the potential homeowner about the pond in the rear yard of this lot. COMMENTS: The applicant is requesting the Variance as he would like to conform with the existing homes in the neighborhood by building a house with a deck off the back; prevent soil erosion into the existing pond (JP-60); and finally, to preserve the existing trees near the waters edge. For these reasons, the applicant believes a Variance is necessary. ENGINEERING COMMENTS: Lot 1, Block 1, Suncrest Addition, was not graded in accordance with the original Development Grading Plan. Pond JP-60's high water elevation, as it now exists, will be approximately 5' from the proposed house foundation. The City does not have an easement where Pond JP-60 now exists on Lot 1, Block 1, Suncrest Addition, to the high water elevation of 890.5 because the said Lot 1, Block 1, was not graded to elevations established by the Development Grading Plan. If approved, this Variance shall be subject to all applicable City ordinances and requirements. • 10r\ R.A. Kot Variance • .., , Fr_ ‘. 7°,:°- At.,3k, ...) LOCATION - �� R �I i 7' i . '--- morn:.' '.- . I'41?.4 ce r.,..'.--. ' r----- i Ok, w[c-nTi r .�, :.. t';jr,J LI,,t J 0:1:=.-NAEJ- *.° 1 NE tiT1 B} "'_aL,4, .- coURSE a trti i''. P i - t i 0 _ s. ZONING _.r,) .,,, , • . ... , .. { , +C I1 P - i1 , 4 I ' `� 11 - t z I t• -:- t GUIDE PLAN , D-' - ` E.1r_ ._.ri 4 • ,, ..., ....„.40 ,,..t...?"s, .,) (..-_)1(?) S U 1 V E V O �. r A l r'�.i .� R.A lco r HOMES f{v T r1 a I r r ■5 / 910.6 SDI `- J I (—.1. O 903 f 112.42 S49432$2." la ji., / 902.0 ,4. ?II I of _ _ 500 10D SAO•, n DRAINAGE A UTILIT . --JJQIIII I EASEI. p4T PER PI AT >A497 : o' N*O LOT to' a 1 0.•. x;I cf R tx# I now) Ow. I - T ry • WAFER El Ev ° 1 955.2 i.77 93 , y,�•. i 70. , i n• fri• . v �• psi 1 • >� a` 2 - ' J /1 2 M • \ . isQ, ,'gm 899. 4, \ 00 \ l ;\\ I Fa t . I a «� J to z ��— , t so 1 f 1 l 1• 39 H 972 401 t' 111.310 C b(►.IFI.ISIONS tHoWN ARE roll toRr21711TAL 5 vEATICAL LOCATION Of STIIUCTUttF OHIY. SEE NOTE' NO VizFIC SOIL! IM•ESTOA/10N HAS BEEN Cof. LFTEn ARt4ITECTUAL PLAk! MP OUtLon93 S POUHnAT1tIN C'N THIS LOT ST THE IURYETOR, Try SUTASLRY Or TNNCNSoNs lolt,, 10 SvrIVRT THE 0,10FK NoInt MIOIDRO IS -4 DENOTES hhO'OSED SURFACE DRAINAGE HOT THE RESPONSISILtTY OF THE SURvf'v6R 0 DENOTES IP0N MONUMFNT SET SCALE 1 INCH — 3o FEE1 II DENOTES IRON MONUMENT toUNt) P OPOSEb GARAGE FLOOR — /c c.5 FEFT x000 0 DENOTES ExISTING ELEvA11oN PROPOSED LOWEST FLOOR— 11c,.4 FFFI MOO tt) DENOTES 'ROPOSFD ELEVATION PROPOSED TOP OF Mock— ToR 1 FEET , WE NEtiEbY CEpTtrY 10 R.A I<OT Ito MF s THAT TI l S IS A 1RUE AND CORRECT REPRESENTATION or A SURVEY OF THE 80UNbARIEs or Lot I 1 Bock I i SUNCRFST ocrordlrq lo the ttcordld plot Ihatloli bdkotd CoUhly, Mlhnesoto. • IT bOEs Not PUIIPOti1 10 SHOW IMPROVFIvIENtS OR ENCROACI94ENIS, FXCFPT AS SHOWN AS SURVEYED BY MF on UNDER MY DIRECT SUrFFIvIS10N 11115 2151 DAY of APRIL .1993. PRoaplED e■&bE! 3Fb*N *t►tt SIQNE "-7 F h I-IILL.INC t'OB FROM THE IPAUero PLAN ,` ) 11011 SUNCREST,pREPAgED BY TRI- C/ __// LARD SURvETIN4 ca, INC. • 8 — ti"■ JOHN C LARSON, LAND SURVEYOR MINNES01A LICENSE NUMBER l9828 t ; T N c o -4 r- ' nesR. HiH, inc,o � W 0 • r N 1.,0 tJ `m A wo ro PLANNES / ENGNEERS /o N W O m In 2SOD D.W Cr(CTY h A7 • RUr7Nsvlt 1E MN nn7117 • RI Ron Rnd4 .. ■• •• \ C\ Agenda Information Memo • May 18, 1993 City Council Meeting VARIANCE/PAMELA DONOVAN/4166 BLUEBERRY CIRCLE D. Variance, Pamela Donovan, of 4' to the Required 10' Sideyard Setback, 4166 Blueberry Circle--An application has been received of Pamela Donovan for a 4 foot variance to the required 10 foot sideyard setback at the above-referenced location. For additional information with respect to this variance, please refer to the Commu ty Development Department staff report which is enclosed on pages 0 through l ( M for your review. Please note that it is necessary for an applicant to demonstrate a hardship in order for the City to grant a variance from City code requirements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 4 feet to the required 10 foot sideyard setback for Pamela Donovan for property located at 4166 Blueberry Circle as presented. • Cs SUBJECT: VARIANCE APPLICANT: WILLIAM & PAMELA DONOVAN LOCATION: LOT 18, BLOCK 7, HILLTOP ESTATES EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MAY 18, 1993 DATE OF REPORT: MAY 10, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 4' Variance to the required 10' side yard setback. COMMENTS: The applicants built their home in 1985, planning for a 4-season porch on the SW corner. Due to financial constraints, they delayed construction during the initial construction of their home. Lot 18, Block 7, Hilltop Estates, is located on Blueberry Circle and the lot is irregularly • shaped--narrower at the front property line and widening out towards the rear property line. The applicant believes a mistake occurred with the placement of the house on the lot during construction which will not allow them to construct a 16' x 14' porch without encroaching into the 10' setback. The proposed 16' x 14' (224 sq. ft.) 4-season porch will be located off the SW corner of the house (dining room). The NW corner of the porch will encroach into the setback approximately 4' at the closest. Less than 10% of the total area of the porch will encroach into the setback area. Included with the applicant's submission was a statement of their intent signed by surrounding neighbors who did not object to the proposed Variance. If approved, this Variance shall be subject to all applicable City Codes and requirements, including the following conditions: 1. A building permit shall be applied for through the Protective Inspections Department. .... .. Donovan Variance .._ * _ 1111 •.- - cr ...,,,, c ••°,.. IF— -2 • 0 F&RD fil S RD i 11 BE RR?' FaITCH LOCATION CT c cl 0,,,tk ■c-L• i ..... - s je 7 ... . , . , . , _. . . ), „,, ., ,t, f • ,- kill" iiii j. ---r-'-`4.11-0-• coma • gii .47-1—rp, SP - .,- - k 7 • 1 t ••••;A• , .., .N .:.•-----. 1- •L i; .tLAAKE c...,,,• ,_ • sr err PIN . • .. .,_ _ I • ,.. :,_. '1,1 ... „ ,--441 , .,•", . PARK ' NEJMA 14 I :j V/ EAG4N ZONING my , , .r ;p - ,■Att30" ,f PAR f - • 1 A 1. R- I( . 1- -- ' • ,,,Li-li' \ '; 1; : • il "n . ' '. ..: ■ . _, !I ' ••`1' ii -gs‘ ,. -Lf`1 ,777, It A 111 , \ 1 - , , 1 ,-`.1:i,-f •- :-If -Thr,-1;.. :.-..:: , rc .c..- ,"7‘;,,-.......t..: t--22 ..L. D-1 * trap gem -.. GUIDE PLAN • a, I ,,,, , :... . .,. ......, - : • ., 111111 D kb 0 GI „ Donovan Variance IA ,.I • CI 1 • !..o /� \ \ 105.13 tr 11 ;', � �,p , ; 1 s ci i ' `e I l I Y DI f 404,11 AA a '� I 0') I _ a,� TO 74: , 1_, rn s r \. 3 / p , ? - 7 2 .. 1iC •, / Z� / , 9a.i \. 4 �,o,,, ./� Q on RR}r I°rJ Qi r 14 tf1 ,{, 'n a ,a/ ?11 ` . ,v h/()r;� �' ^B �1 - \" i I•u 6 1; s ! - ,) '� ' I ;'` I �7 1rl ,. _ �\ r i v , 1 F _ inn. m 1`, rr, ' ; 4 NSt sI �� ; T yr ,s tvt �` K� .,1(/ l./ II, r.a, / ia� �S � I RI , 1?2 +1 1 r T S 1 ��iin off,7.1r.-5 Ipp Inn n� 11Es� t ,/ , $)' , ,,, " I. ti Il F,''' 14 o/ � ?i 111 7 ; /47 ,.1 —, I , ‘ :::il 0. r. ))7" 'ft'‘./‘f r ;7 ''''' e I j 45 1: ni ,.71 sii 1 �. j1 6 R • I I / ' \ 19 P '' / -, I q e' / I r,1.- -J}1 4 to 1.' ��' �n 11 i6� r t/ /y/- / :t) i %. f / ,, 16 toy ` S - o / c. 1`‘'s\_.7 r 12(1 K'i ' .i '�T �� ,.� i.t, I ''/ 1, i y �.�, , 1t') � '' �s - �'11a t, ,� X11 / � 9` L, 6 Q I ?z v 19 SITE h,Q� .• l I- )Q i � lb) 00 120 t19 $ 10.00 11> 55 1� 'F . '1 r .. II.., t;. ,,,, 'f ?L Diffley Roads_ iczil, i ilrei ,.,.., 61 1 i ,,,,.7•K, -1. inki,,,, i , •1,9.1 ,1 I ■ I 1.1 6/H t et kv, 1 tr•i n, 1 1 I) SURVEYORS CERTIFICATE ficoDNALD COM 1Pt!CT►ON N REVISED 4 3G SHOW H3 • SHOW W EXISTING HOUSE FOR BILL DONOVAN 40(-k I L_i_/ I I I <9r01/r_ 1Ze - \ ,,,, \iv IN ;— — 1, – • ,A GAP h�6° �P ° STo 4 7 QI' iF .e/S i 9/2.� I ti \\ (1 SS 5 1 , Area of w ' ;\ .. ' encroachment 3• Proposed . Cr�\ 9/,�~ 4-Season porch ID I /v Ir ) 15 V _ c_lJ r N 1 Zb • o o nor ie tn M ?DRAINAGE 8-6 n r-E/SEMENT PER PLAT �— -�_r rill 5 —_—_— _ —� I0I. I2 N.89°54'254. ' COUNTY ROAD NO. 30 SHEET 2 OF 2 SHEETS - 0 PRDJEC� NO. BOOK / PAGE JAMES R. HILL, INC. 13G/ — Planners / Engineers / Surveyors FILE N0. 8200 Humboldt Av•nu• 6outh FOLDER ` BbomInpton,Mn. 55431 512-884-9020 • Agenda Information Memo May 18, 1993 City Council Meeting . WAIVER OF PLAT/FRONTYARD SETBACK/RICHARD BERTZ/LAKESIDE ESTATES E. Waiver of Plat, Richard Bertz, to Split Lot 32, Block 2, Lakeside Estates, into Two Parcels and a Variance of 10' to the Required 30' Frontyard Setback for Property Located Along the South Side of Atlantic Hills Drive in the Southeast Quarter of Section 25--At its meeting of April 27, 1993, the Advisory Planning Commission considered an application for waiver of plat for the above-referenced lot in Lakeside Estates located at 550 Atlantic Hills Drive. A separate application for a variance was processed simultaneous with the waiver of plat but was not considered by the Planning Commission as such applications go directly to the City Council. For additional information with respect to these applications,please refer to the Community Development Department staff report which is enclosed on pages Wilirough or your review. With respect to the variance, City code requires that an applicant demonstrate a unique hardship in order for a variance to be granted. The applicant states that Parcel B, which is proposed to be created by this lot split, is not buildable without a 10 foot variance to the frontyard setback as requested. Also for your review on pages through L 3Z is a copy of the Advisory Planning Commission minutes relative to this item. Please note that the APC is recommending approval of the waiver of plat, b t took no action on the variance application. Finally, enclosed on pages\ %rough Lis a supplemental memo from the Community Development Department regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a waiver of plat to split Lot 32, Block 2, Lakeside Estates, into two lots and 2) a variance of 10 feet to the required 30 foot frontyard setback as presented. • 1 • SUBJECT: WAIVER OF PLAT APPLICANT: RICHARD & SANDRA BERTZ LOCATION: LOT 32, BLOCK 2, LAKESIDE ESTATES (SE QUARTER SECTION 25) EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: APRIL 27, 1993 DATE OF REPORT: APRIL 13, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted r°questing a Variance of 10' to the required 30' front building setback and a Waiver of Plat split Lot Block 2, Lakeside Estates, into two lots. The site, 550 Atlantic Hill Drive. is located on the north side of Hay Lake, west of the St. Thomas Becket Church site along the south side of Atlantic Hill Drive. • BACKGROUND: The Lakeside Estates plat was recorded in 1969. The existing home and lot eNceed all minimum setback and lot size requirements. The site is zoned R-1 (Single Family) and is designated D-I (Single Family Residential, 0-3 units/acre) on the Cit\'s Comp rehensiv e Land Use Guide Plan. The proposed lot split will result in two single family lots that are consistent with the zoning and guide plan. The NW portion of the site is relati\elh flat where the existing house sits, then rapidly falls off south and east to Hay Lake and portions of the site are wooded. COMMENTS: The waiver will create two parcels; one which will require a variance according to the applicant. Parcel A with the existing home will have a total lrot area of 29,12 sq. ft. and Parcel B will have a total lot area of 52,033 sq. ft. Both lots will meet R-1 standards for lot size and width. The existing home on Parcel A will meet all R-1 setback requirements. The applicant states that Parcel B is not buildable without a 10' variance to the ,0' setback off Atlantic Hill Drive. The applicant believes the hardship for the variance is the 50' building setback required from the Ordinary High Water Mark of Hay Lake. The variance is needed only because the applicant wishes to split the existing lot into two parcels for separate ownership and an additional house. The proposed property line that will split the lot will provide a 10' setback from the existinc garage. Due to the configuration of the lot, as well as Hay Lake, it appears the second • home will ha\e to be built at the minimum setbacks from the newly-created division line. PARKS & RECREATION: Parks and Recreation staff will be recommending a cash parkland and cash trailway dedication to the Advisory Parks, Recreation, and Natural Resources Commission at its May 6, 1993 meeting. GR4DING/DRAINAGE/EROSION CONTROL: The Developer did not submit a grading. drainage and erosion control plan with his submittal. Therefore, it is difficult to determine the amount of disturbance that this new lot will have on the existing terrain of this site. The new lot is low and it appears that a considerable amount of fill will be needed in the proposed front yard area. The easterly portion of the newly proposed Lot is heavily wooded and if developed, a number of these trees would be lost. The drainage of the proposed new lot will drain directly into Hay Lake (Pond LP-31) and this pond is included in the City's Comprehensive Stormwater Management Plan. Tne shoreline ordinance indicates that w!,:n grading and filling in shoreline areas and changing the natural topography where the sl;,pe is toward a protected water, that only grading or fiiiling must be authorized h■ an Excavation Permit. The permit may be granted subject to the condition; that: 1. The smallest amount of bare ground is exposed for as short a time as feasible. Temporar■ ground cover, such as mulch, is used and permanent ground cover. such as sod. is established. 3. Methods to prevent erosion and trap sediment are employed. 4. Fill is established to accepted engineering standards as determined by the Cite Engineer. Excavations on shorelands of a protected waterbody shall require an excavation permit from the City before construction is begun. Such permit ma% be obtained only afte- the Commissioner of Natural Resources has issued a permit to work in the • ds of protected waters. 6. Am work which will change or diminish the course, current or cross-section of a protected water or wetland shall be approved by the Commissioner of Natural Resources. and such approval shall be construed to mean the issuance by the Commissioner of a permit under the procedures of Minnesota Statutes. Section 105.42 and other related statutes. The final grading plan shall protect a 25 foot wide buffer strip along the edge of Pond LP- 31. The buffer strip will protect the pond from erosion during the grading and construction of the proposed house. • • WATER QUALITY: Staff will recommend that this development be subject to a cash water quality dedication. The amount of the cash dedication will be based on the area of the • undeveloped lot only, less the area of the lot occupied by wetland. The cash dedication is estimated at about S250. A wetland associated with Hay Lake occupies a major portion of the development parcel. Ha■ Lake is a Department of Natural Resources' protected water and the fringe wetland along the lake is subject to regulation under the Wetland Conservation Act. The developer should contact City staff prior to April 26 to arrange delineation of the fringe wetland. Staff will recommend that any filling or draining of the wetland be prohibited. Shoreland zoning standards adopted by the City also require that the vegetation and topography within 25 feet of the ordinary high water elevation of Hay Lake be maintained in a natural state. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer and watermain of sufficient size is located in Atlantic Hills Drive, The site plan submittal did not indicate the necessary utility services to service this proposed lot. The final Waiver of Plat submission shall indicate a 1" water service and a 4" sanitary sewer service to service the proposed newly created lot. The construction of the services for the new lot will require street removal and replacement of Atlantic Hills Drive. The City has an existing 12" storm sewer which was constructed when this project was originallyv developed in 1979 and it is located in the area of the proposed new home • location. The Cite currently does not have a utility easement for that existing storm sewer. The pre'r~--=� estimated cost to relocate the existing storm sewer is 516,000. The City is proposing to relocate the existing storm sewer by constructing a new 21" storm sewer line from an existing storm manhole in the street in front of this proposed home and re-routing it in the street right-of-way to the cul-de-sac at the east end of Atlantic Hills Drive and terminating it at the shoreline of Hay Lake. STREETS/ACCESS/CIRCULATION: Street access is available to this proposed lot from Atlantic Hills Drive. It will be the responsibility of this development to repair Atlantic Hills Drive when the utility services are installed. EASE\IENTS/RIGHTS-OF-WAY/PERMITS: Through this Waiver of Plat process this development shall dedicate easements up to the 100 year high water elevation of the existing Ha■ Lake. The proposed new lot has a 20' private easement which encumbers the property. The development will be responsible for obtaining all the necessary regulatory agency permits prior to the Waiver of Plat approval. • ti(?) FINANCIAL OBLIGATION • Waiver of Plat 25-W-2.3.93 Lot 32, Block, Lakeside Estates 41 Eased upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the Cry's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sa itar,, Sewer Trunk S.F. 5740/lot 1 lots S 740 Water Trunk S.F. 775/lot 1 lots 775 Stcnm Sewer Trunk S.F. 11,270 sq ft .071/sq ft 800 San..;cn Seer Lateral S.F. 17.80/ff 181.37 3,228 Water Cetera; S.F. 15.80/ff 181.37 2.866 Total 409 T-,re are no le\;ed or pending assessments on this parcel. The existing levied assessments of 53 w—.1: be reallocated to the succeeding parcels. • 1: a-r rev ed. this waiver shall be subject to the following: ]. The standard conditions of plat approval as adopted by Council action on Februar-■ 2. 1993: Al. El. B2. B3, B4, C1,.C2, D1. El, Fl, Gi, and H1 The Ciry Council shall approve a variance of 10' to the required 30' minimum building setback from public R.O.W. for Parcel B. 3. Parcel B shall be responsible for cash park and trailway dedication and water quality requirements. 4. The developer shall submit a grading plan with the proposed building permit application. 5. The final grading plan shall protect a 25 foot wide buffer strip along the edge of Pond LP-31. 6. The Developer shall be responsible to install a 4" sanitary sewer service and a 1' • water service to the new lot and the Developer shall obtain a Work Within the Right-of-Way Permit prior to the installation of the utility services. STANDARD CONDITIONS OF PLAT APPROVAL • A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, pending. and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the bounda-ies of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the app•cpriate jurisdictional agency. 4. This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. Al! public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. S \R-20 4. A separate detailed landscape plan shall be submitted overlaid on the • proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval, E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1 . This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commisslon and approved by Council action. G. Water Quality Dedication • 1 . This development shall be responsible for providing a cash dedication, pond.ng. or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks. Recreation and Natural Resource Commission and approved by Council action. H. Other 1 . Al' Subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: Juy 10, 1990 Revised: February 2, 1993 LTS*E S'ANCAPC CON . ___ _ , r_._ ___. . . _. _ ..._ 0 �J Cil _ ,i 1 s 1 _ — . , qj \;11 l' \ \ F i"" _ II I i • a ,i r� _ 3 i It / • -- C.7 _ _..___ / f j „Or. 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J W WO ` g. �� f WZ_ O8 k'JS4 B9 O OV S VJ--,3 Z' W ATLANTIC HILLS DRIVE x 5nr E, rr f.cgoxa v0^1^44* Kcf HAY LAKE ToF Ice 16 Koh •et.e' Eier,etinr-91C C • PARCEL B Ttl e•ren 5C.025 SF hree N1.'iv 5u -e Line 12713 5F PARCEL A 7,"'Cpa'0.� tV °rCe 'ft! brae 3''.13C 5F prCDert,y. • I res IJ1ti'N[� Survey. Line 15. 57 5F 2. he may be changed tc nee45 The c'Cpe�.y owner reee"ve5 the not ^-aye chano►5 tre w,thin the setback ''.`.eG Gy the ehaceG a'ea. 3. The c= ,ce ehown was Fet 9, 1993. The was aete^runed by the City of raga^ Fub;,c LOT 32, BLOCK 2 LAKE51 DE ESTATES EAGAN, MINNESOTA Precored Richard & Sandra 5ertz 5K-1 BER�Z RESI NCE Fo 550 Atlantic Hills Drive PRJ,TIJ'ED SITE PLAN Eagan, MN 55123 (612)452-5062 4/5/9- 0 ATLANTIC HILLS DRIVE i Hare --=� et ./ v o- vw 9'E;C HAY LAKE Top of ice Ele,anr-r90)°+6 High Water E le.auon-9'C C 922C 92 C • o•c 91C-f 9'4 PARCEL B 92 2 TT- A-ea 5C:025 5' 912 C Ares N\N'■ c' 5J'vey Line 1271° SF LC-7: PARCEL A 'r• t P-obe T: ,,,ea 31.130 5F . free NNIycfiSuvey L', __ . :':—:41': ;C: ie- GeS�'pt,. c p'ope'`y Line 15.057 5F 2. -ac :a - ,.-^-at _ ba5ed e^ f•e-la Pnctograph5 dates A',..7- __: a-c ■e-e p-ovided 5y the Dakota County 5u-.•. arG . _ hat _ 0.`f-ice. 3. The __ ..- _ _ 5.co-h )rd.cate the artic■pate4 grading pia,- for tre 5'-_ct.,-e 5:.:ow The lower floor elevator le 9100.0 Ft,three a^c•e .-e ' o- va•■- ele.atAor of Hay Lake,a controlled outlet pc-c--r' a-es The actua' e adrrg piar may vary from the conteure LOT 32, BLOCK 2 e,,c„- + e-e - c-dr tc ad,,et fina' grade and drainage. The Shaded a-ea cotes- the b,,Iiaabie poht,Jon of the Id me defined by setback LAKESIDE ESTATES reo._ -,--,--4:e EAGAN, MINNESOTA 1 preperec Richard & Sandra Betz SK-2 5EKTL R ' jiDENCE FO` 550Atlart�c Hills rive CON OL; pagan, Mh' 55125 T� v ��� T'�� 'R MAP (612)452-5062 4/5/93 NORTH 4 - 0F•__ .• • Score 60 == ATLANTIC HILLS DRIVE ___..zy :rr _ 1 / i ,. ,d �P .t HAY LAKE Tor cf Ire Eie.e:ior_908le Mier.1,,ate. Ele.atien_94C C o:- IP ?' " 9'2. PARCEL B Tt Area 5G.^2_n Sr ., - Ares r lv,'hv t4 5ur.ev Line 12.'1'1°5e PARCEL A Tt Area 3'.130 Sr Area NWiy cf Suwey LOT 32 , BLOCK 2 Line 15.057 SF LAKESIDE ESTATES "w-'n;' cor:.o�- dne5 I Refer to the Lot Spirt survey prepared by Probe Engineering Company for iega'eie9criptiorr of property Topographica' 5u^.e. ,,net anc Se re'ke information it based on Aerial Pnotoeraphe dated Apelt 15.1990 _ prowled by the Dakota County Survey and information Cooke. C.er:r,bne a-rer: — �tnu-tave cen;'ete cu-b.cutter 2 The contou±show,indicate the ant,cipated aradtng plan for — the proposed structure The basement slab eievata+r le 913 0 Ft 5.,nary a-er.w^rr 5eTta;ks The actua'aradma pleb may varyfrorr the cortoure eht+wn here 0 order to adjust Aral grade and drainage DT'ee5 ar- ✓A 'IR•; • I Prepared Richard & Sandra Be±z 1 5K-1�E�C Z RESIDENCE ' For 550 Atlantic Hills Drive ST E PLAN Eagan, tsAN 55123 (612)452-5062 4/7/93 )N_ . \ I 1 NORTH 4—boF,—► ` --- • Stole 60 = 1' ATLANTIC HILLS DRIVE - - ca-M-1 .'ems -_ Eveting Shed . _ � _ — - / -- Note - � / • _ y - \i i '- r .. .iO.re S;.D^5ewe.- n. --- _-- nr 9 � � rii tr���� :, FCC _ d�'L I p . i J HAY LAKE ToF c Ice Ekset,on-90P le H gh Neu- Ele.atlon_9'O C ._ o o- ?...-t.7 , • PARCEL 5 c T-' •Are 50.02'5F Er: Ares t1Wn,r'r Survey Line 12 713 SF PARCEL A Tt A-ea 34.130 SF Ares ■.M'y of Survey LOT 32 , BLOCK 2 Lme ,5.D575F LA <ESIE ESTATES --..c toes co-,- Ines 1 Remove and relocate exHSting star,*sews'anA outlet norninalti 90 feet east or current bcrt.ion Flll ane restore existing ere E.-.e. 6,nr5 it strict accordance with Plans &Spaclftcatons from curb One to shore ins Perfor all 00 41 tests and compaction tests as - rr;e ime S:rvt m.reyulred — r- .':.. 1:-e concrete curt& ,tie' 2 Remove and relocate ousting 8'fr 12'wooden he es instructet. 2: 't a-e'-age ease—e-. by Owns- Owner b to proHde suitable foundation and footings on existing Parcel A •- Ce- 2nC 'd . - Prepared iicha-- '‘ Sandra 5e,-,-.,z 5K_20 �_.-_ For 550 / .ntic Hilis Drive 5E< Z KE5�DENCE DEL)J�. T ON PLAN Eaga _'r 5512 o? (6'' =-5062 4t7/ J; _ } I\ N .' f--\ 954 ‘2, LU' fUOiTOR'S Ct1Q MD •Z �J, 57-2.0 955 5 ..: D;._ s,•,, • „„ _ _ 32���pj -JP-26 -^r = -,,,� t• --�%nnCLE ' JP-6B P-5 ` OT•9565 i 966. ,�..�,�• r r 824.1. • — ' �-- LP-32 '� eNi 826.0 877.0 2' v 956 8 — . ��� _ 9640. ;� i SrE�.S _ -- —�� 964.0- •-,..' LP-732` t�__■ 1 ' ' • 966 G_ •'4879.0 --i P-61.1 Jiiis 2784.3 `` �� -- _ 9060 -� ,p •, ,�;• . ' LP-6, • . 'II - '-r.xE ��16.2 /, E94.- 'rEG4 -` B �.•_� L S.='24',: 9/8• . I d1141\ 89 0 - 1-` \?.. - -3 �--- _ v, aw;1 , . if 1110-4741/4 1k P 7 r �e, o IL” eeE 3 _ ero --! LP-h7� 926 0 l C- i -, _ 6'o .c op�0 -r- L� 6rr 49 -7 908pi 'O-f332° 4. 4( ?. ! E '— E6 56 -(ti;? �P-33 i . , ?,, 92/.��-t�, P-Z9/07 _ /3.0 mamma _ "/4.0_____I t _ 1 , . _y•'8__j_-:-- -—- , 71 \ \ /i • .`:„,..-Pp--� 4- LP- 5 .J P-26-'Z ? ° t. �� ��� �9�7C —4 1,920.2 � �,,, e 2 LP- 24 922.5 0 E E E ,ry . `� _�1 - � L P- 2 7 >< t ,- , g 922 ,r; fir., / 925.4 � � ,-� _„ .01,”" , Siolitib LP- 2 ��1; ems PROJECT SITE FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN II \ - I NORTH +4—ecr'--1. Score bC = 1' • ATLANTIC HILLS DRIVE r{ .:�h1 te r . - r. �, �'■ ___ �‘0. :l Mir+;-,'' 1 b3=/' / .r HAY LAKE I TcT of ke Chrrk+r+:901'IC , Hgr.Kate— Cratiot+-91!-,0 'J- ' ' I 1.J1 V^- ' pG' 1 O<7 CL7 g.::: : 1 PARCEL B Ttl Area 5C.C'2E- E. 0.:: Area H P c.'55.evev Line 12 r 5r PARCEL A ¶t1 Ares '',T30 5f Area NWy c! 5vtiey LOT 32 , BLOCK 2 Lime t5.057Sf LMESIE ESTATES FINANCIAL OBLIGATION • LEGEND 41"'"w'ra Lateral Benefit Sanitary Sewer r.."••■■■• Lateral Benefit Water PE, ... • B Sanitary Sewer Trunk + • Water Trunk Storm Sewer Trunk 1 , 1 ret Richard & Sandra 5ertz � ELK Z ES1 E v ✓E For 550 Atlantic Hills Drive 5 K-Eaa MN 55'23 5� g P �,w (612)452.50E2 47/93 ` J r_\i \ 9\ IIM MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 27, 1993 WAIVER OF PLAT - RICHARD HERTZ Chair-an Vcracek opened the first public hearing of the evening regarding a Waver cf Plat to split Lot 32 , Block 2 , Lakeside Estates , into two parcels located along the south side of Atlantic Hills :rive in the SE 1/4 of Section 25 . City Planner Sturr stated that this Waiver of Plat would create two parcels . Parcel A would contain the existing home , and Parcel B would contain the proposed hone . He stated that City staff has not received any corrent_ from the neighbors regarding this application . He -en isn.ed that the Council will act o- the proposed variance . lac 2/EAGAN Page ADVISORY PLANNING COMMISSION MINUTES � APRIL 27 , 1993 Rick Bertz , the applicant, stated he was available to answer any questions . Joyce Meyers , a resident of Atlantic Hills Drive, stated that the proposed house would block her view of Hay Lake. When she moved into the area , she believed that another home would not be built on that site . Ms . Meyers did not feel that there was enough room to build another house . Member Isberg asked the applicant if the proposed home could be moved so Ms . Meyers would not lose her view of the lake . Mr. Bertz stated that because of setbacks the house could not be relocated . Member Heyl commented that if the applicant is proposing a variance , maybe it is not appropriate to split this parcel . Mr. Gertz mentioned that most of the homes north of Atlantic Hills Drive have had similar variances . Member Miller felt that as the City matures more of these types of applications would be forthcoming. He stated that the City has a • responsibility to the current homeowners . They believed that nothing would be built and then the "rules of the game" are changed . He felt this was unfair to existing homeowners . Member Isberg stated that he agreed with Member Miller . Mr . Gertz stated that he has lived in the City of Eagan for 18 years . He explained that the reason he is requesting this waiver is that he is out of work and must split the parcel in order to pay off part of mortgage . If the waiver is not approved , he will lose his hone . Mr . Bertz mentioned that he is not splitting the parcel to make money so he can go on a trip, etc. Member Merkley stated that Mr. Bertz has a "right" to split his parcel and that all width and size codes are met. Hey' moved, Merkley seconded, the motion to approve a Waiver of Plat to split Lot 32 , Block 2 , Lakeside Estates, into two parcels located along the south side of Atlantic Hills Drive in the SE 1/4 of Section 25 , subject to the following conditions: 1 . The standard conditions of plat approval as adopted by Council action on February 2 , 1993 : Al , B1 , B2 , B3 , B4 , Cl , C2 , D1 , El , Fl , G1 and Hi . Page 3 /EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 2 . The City Council shall approve a variance of 10' to the required 30 ' minimum building setback from public R. O.W. for Parcel B. 3 . Parcel B shall be responsible for cash park and trailway dedication and water quality requirements. 4 . The developer shall submit a grading plan with the proposed building permit application. 5 . The final grading plan shall protect a 25 foot wide buffer strip along the edge of Pond LP-31 . 6 . The Developer shall be responsible to install a 4" sanitary sewer service and a 1" water service to the new lot and the Developer shall obtain a Work Within the Right-of-Way Permit prior to the installation of the utility services . • All present voted in favor. 73;4_ • � MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: MAY 10, 1993 SUBJECT: RICHARD BERTZ WAIVER OF PLAT At the April 27, 1993 Advisory Planning Commission meeting, the Waiver of Plat in order to split Lot 32, Block 2, Lakeside Estates Addition, was approved unanimously. There was one resident in attendance that lives across the street who did not support this application as she felt the new home could block their view of Hay Lake. A separate • application requesting a 10' front yard setback was not acted on by the Commission. Hay Lake is classified as a "General Development" lake and as a result, has a 50' building setback to the Ordinary High Water Mark. The applicant has submitted a letter detailing the reasons for requesting the Waiver of Plat and Variance, attached. If you would like additional information, please contact me. City Planner JS/js • -)D3 • March 5, 1993 Honorable Thomas Egan, Mayor City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Tom, Because of my continuing health problems, we find it necessary to subdivide our lot at 550 Atlantic Hills Drive (Lot 32, Block 2, Lakeside Estates Division). The resulting lots will meet the minimum front footage and area requirements. The existing storm sewer main on the property is located in such a way that subdividing the lot is impractical. It has been brought to our attention that there is no easement for the sewer. We therefor request the sewer be relocated to the eastern boundary of the existing lot This location will not interfere with the placement of a new home on the property. We are also requesting a variance on the front setback requirement to twenty feet from the • property line This setback is necessary to accommodate the style of home we have chosen and is necessary because of the DNR required fifty foot setback from Hay Lake. Other homes in the immediate vicinity of the property have been wanted a similar setback variance due to the location of a power line easement at the rear of the effected properties. The curve of Atlantic Hills Drive will make the twenty foot setback less noticeable. We have enclosed a check in the amount of three hundred dollars, the Waiver of Plat, Variance Request, 350 Foot Abstractor's List and Survey in accordance with city directives as noted in two preliminary meetings with planning and engineering staff. Please review this request with your staff and contact me at 452-5062 for any additional information. Thank you for your help in processing this request. Sincerely, Richard Bertz 550 Atlantic Hills Drive Eagan, N 55123 Agenda Information Memo May 18, 1993 City Council Meeting PRELIMINARY PLAT/ROUNDS ADDITION F. Preliminary Plat,Rounds Addition/Gregory & Marilyn Rounds, Consisting of Two Lots on Approximately One Previously Zoned R-1 (Single Family) Acre Located Along the East Side of Pilot Knob Road North of Jurdy Road in the Northwest Quarter of Section 10--At its meeting of April 27, 1993, the Advisory Planning Commission considered an application for a preliminary plat for the above-referenced subdivision. For additional information with respect to this item, please refer to the Co ty Development Department staff report which is e c osed on pages _a through 14)for your review. Also enclosed on pagesN(p through 'k are the APC minutes relative to this item. The APC is recommending approval. Please note that the Commission added Conditions 6 and 7 relative to a turn around driveway and building pe t review relative to drainage not included in the staff report. Also enclosed on pages through is a supplemental staff memorandum covering correspondence received of Dakota County relative to a Plat Commission recommendation that the preliminary plat be denied and the driveway access not be given onto Pilot Knob Road. Although a curb cut was provided for the second lot at the time Pilot Knob Road was upgraded, the County Plat Commission has found that the proposal does not meet current spacing guidelines and as such is recommending denial. At the present time, the conditions of approval include an obligation on the part of the applicant to resolve this issue with Dakota County prior to final plat approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for the Rounds Addition for Marilyn & Gregory Rounds for Parcel 032-03 in the northwest quarter of Section 10 as presented. • SUBJECT: PRELIMINARY PLAT APPLICANT: MARILYN & GREGORY ROUNDS LOCATION: 10-01000-032-03 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: APRIL 27, 1993 DATE OF REPORT: APRIL 1, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of tv,o lots on approximately one acre of previously-zoned R-1 (Single Family) land located in the NW 1,4 of Section 10. LOCATION & EXISTING CONDITIONS: The existing parcel is located east along Pilot Kn± Road. west of Donn\-vood Addition (North Jurdy Court), north of Jurdy Road and south of Quarr■ Lane. The surrounding zoning districts are R-1 (Single Family) on the • north and east: A (Agriculture) on the south, and RD (Research and Development) west across Pilot Knob Road. The current Comprehensive Land Use Guide Plan designates this rteac . .e' as D-II Mixed Residential (0-6 units/acre). The proposed two lot subdivision complies ..h th:s desi ,at:on. COMMENTS: The applicant currently resides on the proposed Lot 1, Block 1. The existing house and garage were built on the north side of the existing parcel, allowing for the potent;al de%e'.iopment of the south half of the lot. The Preliminary Plat shows two lots; Lot :s approximately 18,520 sq. ft. and Lot 2 is approximately 18,451 sq. ft. Both lots exceed the ..r,n:m_om lot width of 85'. The existing house and accessory buildings meet, or exceed. all setback re uirements. Access to both lots is from separate existing driveways on Pilot Knob Road. An existing Maple tree remains near the north property line of Lot 2, Block 1. Careful grading for the proposed house and driveway could save the tree. The Dakota County Plat Commission met on March 29, 1993 to consider this plat. The Co—cm ssion does not recommend approval of this Preliminary Plat due to spacing guidelines not allowing individual driveways. The County is recommending sharing the north existing driyevs ay and not using the existing south driveway. • \ 3� GRADING/DRAINAGE/EROSION CONTROL: No grading will be required on proposed • Lot 1 where the existing house is located. Grading for the proposed house on the south lot will require 2' of fill to be placed in the front yard. This will allow the front yard to drain out to Pilot Knob Road. A minimal amount of grading will be required in the backyard of the south lot. The drainage in the backyard area will drain in a southeasterly direction out to Jurdv Road. WATER QUALITY: Staff will recommend that this development be subject to a cash water quality dedication. The amount of the dedication will be based on the area of the undeveloped lot only and is estimated at S360. There are no wetlands on the proposed development parcel. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient size. capacity. and depth is readily available in the backyard area of the north lot. The existing 9" sanitary sewer line flows from Quarry Lane through this backyard area to North Jurdy Court. As shown on the preliminary utility plan. the proposed nev, house on the south lot will construct a sanitary sewer service line through the backwards of the two lots over to the existing 9" sanitary sewer line. Watermain of sufficient size, pressure and capacity is readily available to serve this development from a- existing 16" watermain located on the west side of Pilot Knob Road. • Connection to that watermain would require open-cutting of Pilot Knob Road. STREETS/ACCESS/CIRCULATION: The preliminary development plan submitted with this application shows that the proposed house on the south lot will connect its driveway to an existing dri\eway opening on Pilot Knob Road. The existing house on the north lot has its dri%ewa\ opening along the north edge of the lot out to Pilot Knob Road. This section of Pilot Knob Road was upgraded with concrete curb and gutter by the City and the County in 1950. and it was at this time that two driveways were provided for this site. The Dakota Count\ Plat Commission does not recommend approval of this preliminary plat. The County's spacing guidelines do not allow individual driveways connecting to Pilot Knob Road and the existing driveway was in place before the current guidelines were established. t turn-around as shown on the The driveway for the proposed house shall tncl�de a preliminary development plan. RIGHT-OF-WAY/EASEMENTS/PERMITS: The development shall dedicate sufficient easements for the existing 9" sanitary sewer and water line that runs along the east edge of Lot 1. The existing 9" sanitary sewer and water line shall be field located to determine the exact location of the utilities so that the final plat shall include the proper easements. This development shall be responsible for ensuring that all regulatory agency permits (N1PCA. N1WCC. MnDept. of Health, Dakota County, etc.) are acquired prior to final plat approval. � 3 7 FINA.\CL4L OBLIGATION • Rounds Addition • Based upon the study of the financial obligations collected in the past and the uses proposed for the proper . the following charges are proposed. The charges are computed using the Ci~:s existing fee schedule and connections proposed to be made to the City's utility system based or. the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. .071/sq ft 20,471 sq ft S1.4 53 Total 1453 7- a-e nc pending assessments on this parcel. Levied assessments are paid. CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR ROUNDS ADDITION These standard conditions of plat approval as adopted by Council action on Fe--.:a \ 2. 199; shall be complied with: • A1. B . B2. B3. C1, C2. El. Fl, G1, and H1 D..-.. = grad:ng for Lot 2. Block 1. fencing shall be placed around the existing' '`1ape 1-et near the north lot line to ensure its protection. f:na: plat application shall include a utility layout plan showing how san:tan, se' er and water service will be provided to the proposed house on Lot 2. 4. The appl cant shall resolve the Pilot Knob Road access situation with Dakota Cc unr' prior to final pla: �proval. proposed house on Lot 2 shall connect its water service to the existing 16 main in Pilot Knob. • I � • STANDARD CONDITIONS OF PLAT APPROVAL • A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to put H: street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1 . All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes. engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final pia'. approval. 3. This development shall ensure that all dead-end public streets shall have a cu'-de-sac constructed in accordance with City engineering standards 130\■ 4. A separate detailed landscape plan shall be submitted overlaid on the • proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication This development shall be responsible for providing a cash dedication, pond.ng. or a combination thereof in accordance with the criteria ide^tified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission anc approved by Council action. H. Other 1 . Ali sucdivision, zoning and other ordinances affecting this development sha" be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15. 1987 Revised: July 1Q. 1990 Revised: February 2. 1993 ( 4c,0h Rounds Addition cxrL ME rZ.1,1" I OAK RC _ _ t r I('; RO No X61 � ¢� 1�1�5 et--)1' W 4) d �� J t''. )/ 410 PILOT `� �-' _\ AT I N - i1 Kos s�_ y :A.,...\ LOG 0 7EOe�,� PAP , J1 �� ,NW , .1 iO++ERO1Fw Rp \' (,,,,\ . P ' h RR ". .,\ 1- e - i « i i' F }1 4- MO VE PAP k C11)\ _ _ .._ . No.0.v, r:".-N, m NIGH $I/E SP ' e�/� old if 4GRi-[ .SW 2. BIa,N ■ ', P I, ' 1 8 —GB �7;-- K. PD ,, ' R 1 I.' �,p1:K Pp. , ZONING sF�. �l �� R•3. LI n 0 ,1.1,411 IN ?-n .• Pr .rrr�c i -4 r NB- PO 1 ; ' ,6t_jar. '. 1 PD r D"1 1 nAt I, AID„ PF P .►D - C,..,Ln►.A • D IV C D GUIDE PLAN ,Ic D•111 , D-III J wlG- S;It t Rap — D-IV i P LB CPD 0 4 ( / 1 \i — c? / II ) ) tit:, ( •II I ∎ ) DiLMAR H. SCHIVAN / , I I I t...c MM•OM K s - . •.�ti u+.w.•is..B•rr•s. I • II I uVSD SOUTH 110E•ERT T Au AOSC 000 MINNESOTA 55055 a2>t/55 UTILITY 8► I I \ St."WE TORS CERTIf GATE s'.-\ N. \.? / 0 ,,, --'.7%.4.4%,, GRADI NG11 FLAN ........L Ll_/1t. D0 / .T/bN IS " . � C _ - - Ir _ - j NORTF�—' / IL `‘ ( \ ,c4)...., ` _ A I► l i . Hes�4ze e 1 - i l i ( _ i / 22 2 S / ` / ' — -1_ ---- 16 T ]( , �1 :: / •1° ( l � I■ C.. r S \ r' Q 2 a .4. � , Z ! r �, � ` \ \ 4 ti' .! � M � I / Y /,FiibSt •.. EfiCI✓qE 1� �K _ \\ {{ f • 0,li�isf FDA I( I (ssse..\ 'v- b�/TNLt _ 1 2C 1 �.tl , , . • —— —.4m..... 7---.• '1'- ,L___ _______ ' I \\,/ � � ; KeQ,, .E - ' \v \ 1 ■ I, / v ❑ ' \ . A 1 C v-s` \ I if I 1 I T.1TJ " \I \ v 77.1 / r''"/ II / I ,r \ I \ ' r / / \ \.. -! • V .. y 1 20go . v - - _ - -7_ - - - — t — '4 __ _ } _ ---- \ \ /�. \� = 7 — \ I i, ' I ( --,•'-■ - // I/ 1 � I _ \ A \ / L_ � 0 I \ 1' / ( I IL I I ∎'A 1 111 0'•06.e fir •P vne. .n 6.0, u0+'•■•.on.n0 "I,,".0.'1 119.'...0C.••.e Su•..■o'under G.YE^'n`�.'I �/ �f1 v• •.•01(ti 51.x•C.�I•nn.•oI* K'l Du►e C 3- C. 99 _ O.WS H Eew.oet Y.w.H A.utrN .an ho .w 6-/:�4� lP DELMAR H. SCHWANZ 0r0 tU./•0.1*V *1...w.■v.we n.11...r r•.rro• te/SC SOUtw AOSrat/Am'. AOSEwOVMT totNNESO'•ISOM 1117,473.,711 • SURVE rOR S CERTIFICATE PREL/M/NARY PLAT OF: ROUNDS ADDITION NORTH • N89'44'28'E C".--...__-- 228.20 m E t ., __ Scot I.:50. 5570 rrn�nsnd rratna2n 6 (Ittliiy 1 70 •J O - . / C 18 _ I ./ Existtnr) hrn,nngr 6 Uti ily rn-„nm.,r, W ~ :� © 1 W C n F r.e,-.4 24, ( I n op P r- -O ; o – Y - - - - ,e5 2:- - -- - -',, z a z / Y 1 f ,� 0 � �=•O r J o a. m 7 • !!!..12.7 .— — — — --- c, _ x228.2 Ne9•44.28'E i • __— ' rt,11,, tty riot : POtlWt15 A7)77T1fIN � t '” Ownnrs 6 revelnpers: Nattlyn 6 Cregnry Reernes ' 316n rilot no Road Fagan, MM 55171 e 7.1. 4S4-54.44 l. 901 r---rir•tn, : The, north 199.61 feet of the moth 515.74, font of the rest 775.70 fent of the SWI of the, WWI of Sectinn 10, Township 7T, Rang. 71, t1a ote 0ourty, 1 r :•h r,,, wt• crn-t.urtrd for Minnesota. r•^.r,r-.nI I•t 7 venom rt lot 7.nr.ing: No change - Single family residential t, ,t rt,1.l rl' ur graded savor of ynor•. age. Apra: CTOSS Area * 45,555 sguAre font lot 1 * 18,570 square fret lot 2 • le,451 square font Road , 5,554 square feet Motes 1. Foisting house, free standing 9are9e, ani sraoll out buildings currently on prop.osrd lot 1. 7. lot 1 is presently hooked ur to city sanitary sewer and water. 3. lot 2 can he served by sanitary sewer to an ex,srinn sanitary •anhnln in the no n'hink-O addition nrrr ear .,ddl. of Crnpo-••d Lot I. Water will rroturly h•'' tr. be •ceessed (ro• the westerly aide o' runt Knob P„o' ••a.•_".,v,"•••wo•, pl.- t •teen••• 4. proposed Lot 2 vi l.11 tequ i re fill, at the time of house t•r • . • :05...te t••e Sv,'..rt,vaeh' eon&tructinn. - , - . ..,r'.H e,.�.n'.••', n. . �l, //) .,, /1 vela,..« 5[40,1M1 ' 0 a-, _-c 3 w DELMAR H. SCHWANZ ,.........•..,K •••••eem LTr,•w r•.•1..a.a...m. 1479e Soul.•oDrat TP•il •CSF•.Ot,WT brMMt SCT•Haa4 417,47•'rat • SUAVE•OA 5 CEArtfIC•7E PFE/4'./n,ZPY PLAT of ROUNDS ADDITION • NORTH N e9v4'28"E �____ 228 20 T f=s.eo rrr rocrd fr�inagr !t 2)tiiity 2C 'PJePamnts 2/ Zr O I s e„5t, FINANCIAL OBLIGATION _ �' W LEGEND C z r 5eah04 WE n C _ t0— _ : a - .. Storm Se�er Tnlnk lt — ! / � z /i � '/ i - v - r 2 v e 1 ' 1 pc 22e 2: T 7. P485•44 28 E _ . I a �_--� P.,:!,,,,,,,, r ,, Rni�H”- hnr7-)r a O.nrr, s nevrlon ,, flat 11 yr, t rrrgnry Pound 31En riot [not Pnad reran, MM 55171 0'r Tel. 454-5444 I.enal nrcCrirt ,er Th. no,th )99.E7 feet of the south 515.7E rret of the w _ arec! 27E.7C feet of the' SMf of the 16Wi of Sectinr )C. Tonnshtr 27, Range 77, rlakote County, Mrnne'.nt•. I ' ^• 7,1„t Inniea tic chant. - Single cattily rectdrntiel ..•a: .'-ar• nn- Ater- Gros Area . 45.555 square fort lot 1 . )e.570 square fret tot 2 • 1e,4s) sivare fret Pond . P,504 aTunre feet Motes I. ra•ctiej hrn•se, frrr otendtnq 7nra7r, and ew.11 ou buildin7-. currently on pror.osed )nt 1. 7 1n. , )7 rrrsontly hooped up to city sanitary newer ant rater 3 lo• 7 tar b' served by sons tars awry tc an air,,,,,-, • cater MAM- r 1, th. t?'1Nlryr•vr odd,ttin nee, '0'- ei Sr11• of rr oro Pr1 Lot 1, Mater will rrobat;t e..• tc he seressed from the westerly sirie of Pilot Kroh Pea? ... . ..r.........,,-.•r r•• a .nr-.n f-••. ... ,re•"+.e'eCwa.'+rr-era 4. rr•rosr? Lot 2 •iLl tequire fi1L at tic tlnc of housr •-.' ',"1'r•,'.r.•-r S,rw.r vree, er-st r urt i nn. •.,.. ...c...., ..r..wra i. , / , C., - :-/ G a..,14 1e4le^r l Lk-4 ,:/i'/ / ',7')', ',•:-..hi-"„,-e -ems 7it7� HP-10 ., ” c:R�S _ ' r I 88; , ':/ 89 5 _ . - - • 894.0 .rte•+■ HP•i t -- — n gg 1 .' 2A DP-12.i � `�_ 1..5.x1 ,. D.p. _66 _:--I .B,.. , ;, - Y J 4 664 - _ b 6/ .. • ��5 — ,! i': �' �- �,0-k -- � L.f2 -, $72 2- 49 .•• `1 HDP-I _ I ir.� - h DP-12 ti ti. 859.3 D. -� ; '8E8.0 i , T ._`' 864.0 ; f '`mill' o .__ o /: , 8747_1_ i t i -s DP_J5 �, -. . a,�Dp-3,1 5 -- _ -- L� -.--- -..,- ----2.876'0 ---.--..7.-..,\ . 872 0 g� 10' D 0,0: ,- .,-2A i;,- 67;. 978.2.. _ .ir DP-33 53 879.0[' 88 D-1 -c { — ,1.: r, ;� DP-3 2 s.88 <'< �\ 2 4• r! 12' '•v, . '4--:.- / '882 0 • 30 � - ==D=e + - c.� .r-6b0 0 ,..\-0.... P-2 , r.•- �'� . D-m L 5-30 ,e f CR- 33• r_- 8 i_9 ..- �_ o,- . q.�.. .�� `�- 877..0 , \ f-l' . _ t2' EP-6 ��. P �F.::;. 4 `'.'^r ) /' ��' -DPa19 Lo—:6" C -9.2 864 0 •E 5 .._L /r 5' •p.9 4vL _ v c -- 1 F nt B90.0 r.D P=3 356 0 �,.,n S E i'$6 0 0 862G i p g - DP 4 �•' 873.6• —- , C` -/ -,7___':, �: •, ti 7_ p Q6'; ____ r ;�c�w� , L.$ -4 _42 6 ��r.. - DP-13 , 8620 �2 1;.,.nti-s� ,� 1� *rsf :-' DP-27D 864-5 . - ,' 876.0 DP-6 876 5 D 1e - 11> 'e� N CP-5 866.5 8 C.' r 5 ♦ ` =875.9 w ` - - --- — - -- FAX r; +n . �� / •, • • 8383 ipplIllr R; GE -±- _ _ , � 855.4' ,::�_ . .---- ,�P-26 4a e764 L:S.-7• �� {k:.,-•.• , 876.i 878 8 0 33 D-s �.J. 'r .- II-• 1 ___� I 878 / Is„ . -VP hs — '.' �, s7 — DP-20 ,. :n-i t 66� c-..n'. 9 4 y�{1 •, ..0/147-------,. ` _^'' 904,2 -1.....2)--- .h;y�_ w r. _t Of1123 =—t.=DP ? �c..i —_ f,�— .cTHt Bez�z�- :� :�� B2`- : ^c �J �� a .ice 7o � , , B9T6 ' C r'' '0.,2.1..? D-» o-. PROJECT SITE FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF • EAGAN 4 -c' • Page 4 /EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 ROUNDS ADDITION - GREGORY & MARILYN ROUNDS Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of two lots on approximately one previously zoned R-1 (Single Family) acre located along the east side of Pilot Knob Road north of Jurdy Road in the NW 1/4 of Section 10 . City Planner Sturm stated that all single-family code requirements are net with this application. He stated that the Dakota County Plat Commission did not approve of this application because they felt that instead of having separate driveways , the northern driveway should also serve the southern parcel . City staff felt that if this application was approved , this issue could be worked out . He requested that a condition be added which requires a turn-around driveway on Lot 2 . Marilyn and Gregory Rounds , the applicants , stated that condition #2 requires that a Maple tree on their property not be removed . They • stated that they never had any intent of removing that tree . They also questioned why condition #5 requires the proposed house to connect its water service to Pilot Knob Road. Mr. Rounds stated that it would be expensive to connect the water service to Pilot Knob Road and felt that there would be an adequate water connection behind the proposed house . He stated that the majority of the homes in that area connect to this water connection and one more home would not make a significant impact . Assistant City Engineer Foertsch stated that City staff was not sure if the water connection behind the proposed house would be sufficient or not . That would not be known until a later date . Member Miller suggested that this issue be clarified before final plat . Dorothy Lemay , 1385 Jurdy Road, stated that her property adjoins the proposed site . She is concerned with future drainage problems if this proposed house is built . Assistant City Engineer Foertsch replied that by the use of grading , the drainage should flow towards Pilot Knob Road. He felt that the building of one house would not significantly impact any of the neiahbcrs . I l q.0 • Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 George Amell , 3180 Pilot Knob Road, stated that his property also adjoins the proposed site and he is concerned with drainage onto his property. Assistant City Engineer Foertsch stated that Mr. Amell and the proposed homeowners need to work together to make sure the drainage flows correctly. City Attorney Dougherty suggested that a condition be added which states that the drainage from the proposed house will not adversely impact any of the neighbors . Member Miller stated that as the City matures more of these types of applications will be forthcoming . He felt that there is a potential that this application could cause a precedent. Chairman Voracek mentioned that City staff and the City Council are already reviewing the "redevelopment" issue . Member Merkley was concerned with additional driveways connecting • onto Pilot Knob Road . Merkley moved , Isberg seconded , the motion to approve a Preliminary Plat consisting of two lots on approximately one previously zoned R-1 (Single Family) acre located along the east side of Pilot Knob Road north of Jurdy Road in the NW 1/4 of Section 10 , subject to the following conditions : 1 . These standard conditions of plat approval as adopted by Council action on February 2 , 1993 shall be complied with: Al , Bl , B2 , B3 , Cl , C2 , El , Fl , G1 and H1 2 . During grading for Lot 2 , Block 1 , fencing shall be placed around the existing Maple tree near the north lot line to ensure its protection. 3 . The final plat application shall include a utility layout plan showing how sanitary sewer and water service will be provided to the proposed house on Lot 2 . 4 . The applicant shall resolve the Pilot Knob Road access situation with Dakota County prior to final plat approval . 5 . The proposed house on Lot 2 shall connect its water service tc the existing 16" water main in Pilot Knob. L-c-\ Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 6 . A turn-around driveway is required for the proposed house on Lot 2 . 7 . Building permit review shall include a review of proper drainage so as not to impair the properties to the south. All present voted in favor. MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: MAY 10, 1993 SUBJECT: ROUNDS ADDITION At the April 27, 1993 Advisory Planning Commission meeting, the Rounds Addition consisting of two single family lots on previously-zoned R-1 land along the east side of Pilot Knob Road, just north of Jurdy Road, was approved unanimously. Currently there is a home on the northern portion of the one-acre site. When Pilot Knob Road was improved, curb cuts were provided for two lots; however, the County Plat Commission is not recommending approval of this plat. They feel only one driveway should be allowed (see letter attached). A couple of neighbors were in attendance with questions regarding drainage if a second home is constructed. Two additional conditions were added: 6. A turn-around driveway is required for the proposed house on Lot 2. • 7. Building permit review shall include a review of proper drainage so as not to impair the properties to the south. If you would like additional information on this item, please contact me. City Planner JS/js 4110 DAKOTA COUNTY GARY H STEVEr,;r R L S. (512.8x, 7097 SURVEY & LAND INFORMATION DEPARTMENT FAx F1? a c 01A CO(, 149 5 GALAxIE A IENi lE APPLE VALLEY qc-o • :_dabb) jfiNNE'se APR q 1 1993 March 1 , 1993 City of Eagan 3830 Pilot Knob Road Eagan, MN 55112 ATT: Jim Sturm, City Planner ROUNDS ADDITION Dear Mr . Sturm: The Dakota County Plat Commission met on March 29 , 1993 , to consider the preliminary plat of ROUNDS ADDITION. Said plat is adjacent to C. S . A . H . NO. 31 and is , therefore , subject to the Dakota County Contiguous Plat Ordinance . The Plat Commission does NOT recommend approval of this preliminary plat . Spacing guidelines do not allow individual driveways . The existing driveway was inplace before the current guidelines and the Plat Commission does not feel this lot should be split without using the same driveway . Sincerely , __. " Gary H . Stevenson Dakota County Surveyor & Land Information Director Secretary , Plat Commission GHS/vf cc : Delmar Schwanz Surveying Tom Swanson , Permits Technician Tom Colbert , Public Works Director ROM° Be r AN EQUAL OPPOPI UNtl Er,1�'l'J,c c O�part Of the solution.' /'5 Agenda Information Memo May 18, 1993 City Council Meeting • PRELIMINARY PLAT/LAKEWOOD HILLS 2ND ADDITION/JEFFREY RUD G. Preliminary Plat, Lakewood Hills 2nd Addition/Jeffrey A. Rud, Consisting of Two Lots on Approximately 3.2 Previously-Zoned R-1 (Single Family) Acres Located Along the West Side of Lakewood Hills Road North of Cliff Road in the Southeast Quarter of Section 26-- At its meeting of April 27, 1993, the Advisory Planning Commission considered an application for a preliminary plat for Lakewood Hills 2nd Addition at the above-referenced location. For additional information with respect to this item, please refer to the Community Development Department staff repo9t which is enclo ed on pages/S.1 through (Cs( for your review. Also enclosed on pages(CO1-through e the APC minutes relative to this item. Please note that the Planning Commission is recommending approval subject to the conditions as noted. Please note that as a part of its approval, the APC deleted Condition #4 in the staff report requiring an upgrade of Lakewood Hills Road. LV Also enclosed on pages C/through /�t i is a supplemental memo from the Community Development Department with an attached letter from the applicant objecting to the financial obligations as identified in the staff report. Such obligations are determined upon the standard review of all plat and waiver of plat applications. After discussing the objections with the applicant, it is the staffs recommendation that the financial obligations not become due at this time. Since sanitary sewer and water are not available to the subject parcels and storm sewer trunk improvements were previously deleted from the Cliff Road project, it would be appropriate to delay collection of the financial obligations. It is staffs understanding that the applicant will sign a waiver on the storm sewer trunk obligations preventing a subsequent assessment appeal. It is, therefore, recommended that approval of the preliminary plat be contingent upon receipt of the signed waivers to address the identified financial obligations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Jeffrey Rud for Lakewood Hills 2nd Addition property 056-00 in the southeast quarter of Section 26 in the Wilderness Retreat subdivision as presented. • l� � SUBJECT: PRELIMINARY PLAT • (LAKEWOOD HILLS 2ND ADDITION) APPLICANT: JEFFREY A. RUD LOCATION: P.I.D. #1444300-056-00 (SE QUARTER SECTION 26) EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: APRIL 27, 1993 DATE OF REPORT: APRIL 13, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat consisting of two lots on 3.2 acres of R-1 zoned property in the Wilderness Retreat subdivision located north of Cliff Road and west of Lakewood Hills Road. BACKGROUND: The five lot Wilderness Retreat subdivision was platted in 1955. The • current plat proposal pertains to the aforementioned 3.2 acre parcel that was created when Lot 5 of Wilderness Retreat was split into three parcels. The site contains an existing home and is heavily-wooded. The NE portion of this property is relatively flat while the remainder of the site has some severe slopes falling south and west to existing wetlands. The southern boundary of the site is Cliff Road while all other sides are bounded by single family residential land use. The property is listed as D-I (Single Family, 0-3 units/acre) density on the Comprehensive Land Use Guide Plan. COMMENTS: The applicant is proposing a two-lot plat that will create an approximately two-acre lot (Lot 2) with an existing home and an approximately one-acre lot (Lot 1) on the yen northern side of the plat. As proposed, both lots exceed R-1 standards of the 12,000 sq. ft. minimum lot size and minimum lot width of 85'. Lot 1 has a lot width of 170' at the building setback line and Lot 2 has a lot width of 110' at the building setback line. Both lots will gain access from Lakewood Hills Road. The existing home is served by well and septic and the applicant is proposing another well and septic system to serve the new lot. As mentioned previously, the majority of the site is heavily-wooded, however there is a flat open area on the proposed Lot 1 that will accommodate a home without any significant tree loss. It appears this additional lot will not detract from the rural character of this area. PARKS & RECREATION: Parks and Recreation staff will be recommending a cash parkland and cash trailway dedication to the Advisory Parks, Recreation, and Natural • Resources Commission at its May 6, 1993 meeting. / 5 - GRADING/DRAINAGE/EROSION CONTROL: The preliminary development plans show that no grading will be needed on the proposed Lot 2 where the existing house is located. fb It also shows that minimal grading will be needed for the new home construction on Lot 1. The driveway servicing Lot I should be located on the northeast side of the lot to limit the amount of tree removal. There are large oak trees in the front of the lot which will be saved. The backyard area is also wooded and will be protected through a private covenant between the owners of Lots 1 & 2. The preliminary development plan shows the drainage from the front of the parcel draining primarily east and northward. This drainage is conveyed overland directly to Pond LP-46. The backyard drains westerly directly into Pond LP-36. Both of these ponds are in the Ci t\'s Comprehensive Stormwater Management Plan. The developer will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. Erosion control will be needed to prevent sediments from eroding into the wooded area and Pond LP-36 to the vest of the proposed house. WATER QUALITY: Staff will recommend that this development be subject to a cash water quality dedication. The amount of the cash dedication will be based on the area of the undeveloped lot only and is estimated at S480. While there are wetlands within the proposed plat, there are none within the lot to be developed. Thus, no filling or draining of wetlands on the parcel will occur. These recommendations are subject to approval by the .Advisory Parks, Recreation. and S Natural Resources Commission. UTILITIES: There are no existing sanitary sewer or water lines currently available to service this development. The developer is proposing to install a private well and septic system for Lot 1. Lot 2 is currently served by a private well and septic system. STREETS/ACCESS/CIRCULATION: Both proposed lots in this development will abut Lakewood Hills Drive. Lakewood Hills Drive is an existing 20'± wide gravel street, which is located in a 60' wide City right-of-way but is currently privately maintained. This street has full access onto Cliff Road. City Code requires that newly platted lots shall be provided with a street built to Cite standards. The developer shall petition to upgrade the existing gravel street to a new street with bituminous surfacing and concrete curb and gutter prior to final plat approval. RIGHT-OF-WAY/EASEMENTS/PERMITS: This development has provided adequate right-of-way for existing and future City streets. The preliminary plat submitted with this application shows dedication of right-of-way along the north property line to provide street access to the property to the north. The final plat shall include dedicating the ponding easement over Pond LP-36 up to 3 feet above its HWL. This development shall be responsible for ensuring that all regulatory agency permits • ('MCA, Mn. Dept. of Health, MnDNR, etc.) are acquired prior to final plat approval. FINANCIAL. OBLIGATION • Lakewood Hills 2nd • Based upon the study of the financial obligations collected in the past and the uses P P ro osed for the property, the following charges are proposed. The charges are computed using the Citti's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. S740/lot 2 lots S 1,480 Water Trunk S.F. 775/lot 2 lots 1,550 Storm Sever Trunk S.F. .071/sq ft 138,344 sq ft S 9,822 Total $12,852 There are no levied or pending assessments on this parcel. • PRELIMINARY PLAT CONDITIONS FOR LAKEWOOD HILLS 2ND ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, shall be complied with: Al, B1, B3, B4, Cl, C2, El, Fl, G1, and H1 2. The proposed well and septic system shall be constructed to Minnesota Pollution Control Agency standards. This development shall dedicate right-of-way along the north edge of the plat to provide street access to the adjoining property to the north. 4. The developer shall petition to upgrade the existing gravel street of Lakewood Hills Drive to a new street with bituminous surfacing and concrete curb and gutter prior to final plat approval. • f STANDARD CONDITIONS OF PLAT APPROVAL • A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • • 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. • G. 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' s i rr = ••■■ I t'' X" C 1 l'i ! 1 ■ i i ; •••I = i I 1 Jr (... .... ...,_ 1—.-CC ° 29 894.0 ,)r-�3 �r-cc , JP m v I 866 0 -,82/ 7 926 0 89/.9 (� :875.0 6400 } 845.0 :m I 1 -\a, ' ;/ -- JP- 29.1 . ` t� -i L.S.-18 887.5 ry ( ,= J 1iW, �JP 69 18/8,0. 942.0 3� 27' - _ `; -' --\ti_ _ JP-5.1 . - - - 552.0 �;JP=69.! 1�TJP 271 1 ��,/ 976 0 �� 954.0: �t 908.0 �uH �'�� . 1 980 0 ;1-ee `, Y959.5 FT-4'E ir 92.;;-,7 " . -- \ ,•. - 701k.-;:g66•S . ... ...4010. k i ' ' : i-' --... ,--i.1 4_,.',,., -'__17-i7-,--,....%, - ;21'` ��` 958.8 h 'w 1960, - 41 I l s'`R. � ' .1P-57.:77 „-, Cry "rt %,�� 'I 738 4-0-_ -.' �-.;' L'P' '-' - _ 968. 0 = •'L'°."-`.-,d P' f' 1 -G879:tj��''-?_, _ . I,�r ;i7� : LP-61.1 1794.3 LP-40 --LP�9�` 900.0 :.4I' 4 I�� P 4 1 898 0 •`,003 6 �► 9p6.0 rir ',, tIP-4'8 ;, `907.0 394 - - 903.8 Z 89 L3 p.-6,1 SC-"1► 2 LAKE 1?- .. .316.24-. '88.0 _. •N' %,` •° 894 0 ,684.4 _ PAP ( • -5:--'24',E P 918.0 LP 69 ), _ .� __ 0 K r.1r.tr 3D ,, _,(T '5. EP R52 -_ i=., 993.0 --LP�4- `-'',"IL," '�P-64'x,�,� �_ _::.7 7>ztP.39 93o e - �e/7 t1 �' _, "'(��' :o'�� `� - 8960 --37� -`0 - r, t., - �A►Sa 900 6 'e,., -e 9p " -3 rra) . ----\‘ it 89! 6 O ' LP-5^ ^v LP- :-+kef-35 :7L3� ' �� � - 'L�� !. 898.0 fr78 s BS4:� 880.0- -= 'LP-33. ,y .>,`^�':X i t.5-2E O ��►, Imo_ 01 BelT.S �,/ , LEA C.... .,;',11,. 8 -- \) do • ` % - LP-38 ; I L P-6 8 .. 865.0 ��`. - �� 8 78 5 ,4. O r! �.-&:. fir• \ ......40".°4- ..-�'� i ,may L - 6_.. P-2 �\ 9 4, 1920 LP-20 f - � LP-21 ,1 -;\ '� �9 7.0- /922.. LP-2 915 c _ 902 5 "I gg83 ...;2. 917,3 " 909.0 BB6.� ' PROJECT SITE FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF • • EAGANLk 4, Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 LAKEWOOD HILLS 2ND ADDITION - JEFFREY A. RUD Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of two lots on approximately 3 . 2 previously-zoned R-1 (Single Family) acres located along the west side of Lakewood Hills Road north of Cliff Road in the SE 1/4 of Section 26 . City Planner Sturm related the background of this application. He stated that this application meets all single-family code requirements . City staff has not received any comments from neighbors . Jeff Rud, the applicant, stated that he was available to answer any questions . A resident of 894 Lakewood Hills Road stated that he had no comment . Member Merkley asked if the residents of Lakewood Hills Road would be assessed for the upgrade of the road . Assistant City Engineer Foertsch replied that they would be assessed. Mr. Rud mentioned that he did not believe that his neighbors were aware cf the conditions of the application. If they did, he felt that they would all be attending the meeting, as they would not want the upgrade of the road. Assistant City Engineer Foertsch mentioned that City staff does not have the authority to waive a City Code requirement and that is the reason for condition #4 . A discussion occurred regarding the petition process and the upgrade of the street. Member Heyl stated that it seemed that the only concern with this application was condition #4 and she suggested eliminating this condition. Heyl moved , Miller seconded, the motion to approve a Preliminary Plat consisting of two lots on approximately 3 . 2 previously-zoned R-1 (Single Family) acres located along the west side of Lakewood Hills Road north of Cliff Road in the SE 1/4 of Section 26 , subject to the following conditions: Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 1 . These standard conditions of plat approval as adopted by Council action on February 2 , 1993 shall be complied with: Al , B1 , B3 , B4 , Cl , C2 , El , Fl , G1 and H1 2 . The proposed well and septic system shall be constructed to Minnesota Pollution Control Agency standards. 3 . This development shall dedicate right-of-way along the north edge of the plat to provide street access to the adjoining property to the north. All present voted in favor. i city of eagan MEMO TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: MAY 10, 1993 SUBJECT: LAKEWOOD HILLS 2ND ADDITION At the April 27, 1993 Advisory Planning Commission meeting, the Lakewood Hills 2nd Addition consisting of two lots on approximately three acres of previously-zoned R-1 single family land along the north side of Cliff Road was approved unanimously. There were no residents opposing this subdivision. Condition #4 of the staff report requiring an improvement of Lakewood Hills Road was eliminated. The Commission felt that until City utilities were available, constructing the street would be premature. After the APC meeting, the applicant submitted a letter . objecting to financial obligations (attached). This was forwarded to the Finance Department for an appropriate response. If you would like additional information, please contact me. City Planner JS/js • I C. (7 7 910 Lakewood Hills Road Eagan, MN 55123 April 29 , 1993 Mr. James Sturm Eagan City Planner 3830 Pilot Knob Road P.O. Box 21-199 Eagan, MN 55122 Re: Lakewood Hills 2nd Addition Preliminary Plat Dear Mr. Sturm: I want to take this opportunity to thank you for the way you and Staff have handled the processing of my preliminary plat. I felt that as a citizen and businessman in Eagan, I was treated very courteously . I am writing in regard to the financial obligations listed in the Planning Commission packet material for the Planning Commission meeting held on April 27 , 1993 . I received my copy of those materials on April 23 , 1993 . I was not aware until receiving these materials that I was going to• be charged for trunk area assessments in regard to my preliminary plat . The requirement for such a fee, at this point in time, puts me in a very difficult position. All I had intended to do was split my acreage, selling the home site and reserving an acre for myself for future sale. Staff recommended that I plat the property rather than request a waiver of plat. I incurred the additional costs of surveying, and have attempted to comply with all requirements. The home site was sold by taking into consideration the cost of dividing the property, including survey costs and fees to the Planning Department . I did not anticipate the trunk area charges, and thus am unable to charge any of that cost back to the buyer of the dwelling. The second reason that I am requesting that the trunk charges not be mad e at this point is that this property does not benefit from sanitary sewer and City water or even from storm sewer. Contrary to the Staff report, the two ponds to the west and south of my property are not in the City's Comprehensive Storm Water Management Plan. My understanding of the Plan is that LP36 and LP46 are both north of my property, while the property drains to the west and south. Again, the two ponds that do provide drainage are not part of the storm James Sturm April 29 , 1993 Page Two system and do not have outlets. Therefore, the property does not benefit from trunk storm systems either. Finally, it would seem to me, appropriate to assess the property at the same time the City would assess any other property, that being when public improvements are installed. It seems unfair to require one property owner to pay the assessments for trunk area for which he is not benefitted , simply because he is making a split of property that is in conformance of all subdivision requirements . By this letter , I an requesting that the City Council drop the requirement for paying the trunk charges on the basis that : ( 1) there is no special benefit ; (2) the division in the land does not affect the need for improvements; and (3) such charges can be made when the property actually has utilities available to it. For me there is no economically feasible way to move ahead with this subdivision if these charges have to be paid at this time. Sincerel , yours ,//7 )// 7/7"- Jef _ ey -ud / r C Agenda Information Memo May 18, 1993 City Council Meeting • PRELIMINARY PLAT/LEXINGTON MEADOWS ADDITION H. Preliminary Plat, Lexington Meadows Addition/City of Eagan, Consisting of Eight Lots on Approximately 8.3 Previously-Zoned R-1 (Single Family) Acres Located Along the North Side of Daniel Drive and South of Diffley Road in the Northeast Quarter of Section 26--At its meeting of April 27, 1993, the Advisory Planning Commission considered a preliminary plat application for Lexington Meadows Addition comprising surplus municipal property at the above-referenced location. For additional information with respect to this application, please refer to the • NO unity Development Department staff r which is enclosed on 1-t pages through 40 for your review. Also enclosed on page/ 'is a revised copy of a plat submitted for APC review within which all lots exceed 12,000 square feet in size and 85 foot lot widths. As pres reed, the ap•li . on requires no variances from any City standards. Enclosed on page/2through 4 A. a copy of the APC minutes relative to this item. A motion by the APC to approve the application as presented failed on a tie vote. Please note that the motion which failed included a condition that the City transfer/all lots / prior to grading and construction on the property. Also enclosed on pages( ) through (74 _ is a copy of a petition submitted to the Advisory Planning Commission by residents in the vicinity of the subdivision requesting that a rezoning be considered to park property for this parcel. It was indicated at the Commission meeting that the land use issue had been • previously considered by the Commission and the Council and that the Council had directed that the plat be prepared with an R-1 zoning designation. In the course of the platting process, the City Council and City staff have been informed that certain residents adjacent to the property may also be interested in purchasing a portion of the property for their personal use. In some cases, residents have gardens, firewood storage or other materials already on the site. Staff has reviewed this option and a revised schematic of the plat providing for the sale of approximately 30 feet of the eastern most � o t on of the property to the first four property owners as depicted in the graphic on page Because the plat already was at minimum lot widths, the sale of any portion of the eastern most lot would require that the plat be reduced from 8 lots to 7. The eastern lots would then increase in size to approximately 95 to 100 feet in width. Enclosed on page � (s a memorandum from Senior Planner Marvin outlining research conducted relative to the potential values of lots in this subdivision. In general, it was indicated by individuals active in the sale of lots in this area that they would generally range from $30,000-$35,000 depending upon the presence of trees and ponds and the relationship to Diffley Road. As a consequence, lots nearest Diffley Road would be expected to sell for approximately $30,000, while lots on the eastern most edge of the property would be expected to sell for approximately $35,000. In responding to this issue, the sources contacted indicated that substantially larger lots within this neighborhood would not command any premium due to the presence of smaller lots and smaller homes in the neighborhood and the fact that the area was so close to the intersection of a county road 1111 and was located along a neighborhood collector street. Lce Agenda Information Memo May 18, 1993 City Council Meeting S If the property owners were to acquire the first 30 feet of the eastern most lot or approximately 1/3rd of that lot, the total fair market value of that fraction of the lot would be approximately $11,000-$12,000. This could be divided on a pro-rata basis to the four lots adjacent to the property and they could be incorporated into the plat for purposes of combining the smaller portions with the backyards of the existing lots. In the alternative, because it appears that there will be no increase in value for the remaining lots due to their larger size, the actual loss in fair market value to the plat could be considered to be the entire cost of the eighth lot. As such, it may be more appropriate to subdivide Lot 8 into four smaller parcels and plat them together with the four existing lots along Curry Trail if the residents were to desire to purchase the entire property. The cost would then be $35,000 on a pro-rata basis across the four lots. In addition to the cost necessary to assure a fair market exchange with the neighboring property owners, it will be necessary to cap at least one of the existing sanitary sewer and water services currently stubbed into the site. Because it will be necessary to open the street to cap the water service, staff is estimating this cost at an additional $5,000 if the City were to reduce the plat from 8 lots to 7. Staff has briefly discussed the potential to place easements across the first 30 feet of Lot 8 for the adjacent lots. This alternative would also require that the City be compensated for the fair market value of the easement. This would effectively reduce the billable area of Lot 8 to as little as 45 feet and would require that the purchaser of this lot accept a use by • a neighboring property owner on his property. Because of the unusual nature of the use, it will be difficult to establish a fair market value for it. It would also substantially diminish the owner's right to use his property in favor of a neighboring property owner's use of it. Also enclosed on pages (60 through / is a memorandum from the Parks & Recreation Department covering discussion relative to this plat at the Advisory Parks, Recreation & Natural Resources Commission meeting of May 6, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Lexington Meadows Addition subject to conditions. • SUBJECT: PRELIMINARY PLAT (LEXINGTON MEADOWS) • APPLICANT: CITY OF EAGAN LOCATION: NE QUARTER SECTION 26 EXISTING ZONING: PD R-1 (PLANNED DEVELOPMENT, SINGLE FAMILY) DATE OF PUBLIC HEARING: APRIL 27, 1993 DATE OF REPORT: APRIL 19, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat consisting of eight lots and one outlot on approximately 5.6 acres of previously-zoned Planned Development R-1 land located south of Diffley Road, north and east of Daniel Drive. BACKGROUND: The property was acquired by the City's Parks and Recreation Department from the Housing and Urban Development Department in March 1989 as part of the Lexington/Diffley athletic site purchase financed by the Park Site and Development Fund. The City Council intended for this parcel to be sold with the proceeds returned to the Park Site Acquisition and Development Fund. The property was zoned R-4 (Multiple) when acquired and the City rezoned it to R-1 (Single Family). There is a need for storm water ponding in this area. The ponding area will be built this summer in conjunction with the Diffley Road upgrade. The proposal is consistent with the single family zoning and a D-I (Single Family Residential, 0-3 units/acre) Comprehensive Guide Plan designation. EXISTING CONDITIONS: The majority of the site contains secondary growth, but there are some significant tree groupings outside the ponding easement that can be saved. With the exception of Lots 4, 7, and 8, little, if any, grading will be required to accommodate a standard house pad. COMMENTS: The site plan calls for eight single family lots that all exceed the minimum R-1 lot size requirement of 12,000 sq. ft. Lots range in size from 12,500 to 29,725 sq. ft. All but three of the lots meet, or exceed the minimum lot width requirements, however many existing lots in this area have been approved as part of the Lexington South PD allowing less than the standard R-1 lot width requirements so the proposed lots will blend with the surrounding area. (-0c-\ All lots will gain access from Daniel Drive. Although Lot 1 will be a corner lot, there will • be no access to Diffley Road. Also, grading to be done with the Diffley Road upgrade will save any mature trees between the proposed house pad for Lot 1 and the Diffley Road R.O.W. and a 90' long 3' high berm will be provided in this same area. It has yet to be determined whether the City will sell the lots individually or as an entire subdivision. PARKS & RECREATION: There will not be any park or trail dedication requirements because all proceeds from the sale of the property will go to the Park Site Dedication Fund. • • GRADING/DRAINAGE/EROSION CONTROL: The characteristics of the site are that it 4i is wooded and hilly. A farmhouse with its barns and sheds were located in the northwest corner of the site and the remains of one of the sheds is still standing. This development will be responsible for removing the existing shed and the foundations of any remaining building. Also, this development will be responsible for capping and abandoning any wells and septic systems located on this site. The terrain of the site contains a ravine that slopes in a northwesterly direction to a culvert that conveys drainage northerly across Diffley Road. The major portion of the backyards of Lots 1-8, Block 1 will be contained within the ponding easement for Pond JP-69. This pond is in the City's Comprehensive Stormwater Management Plan. As shown on the preliminary grading plan, this pond will be graded during the Diffley Road reconstruction project. The preliminary grading plan indicates filling for the building pads of Lots 4, 7 and 8 will average 3 feet±. Lots 1,2,3,5 and 6 will require minimal or no grading. An emergency overland drainage is needed to ensure against ponding at the low point in the intersection of Daniel Drive and Braddock Trail. The swale should be located on the common lot line between Lots 4 and 5. The preliminary drainage plan indicates the drainage from the front yard areas will drain into the Daniel Drive street right-of-way and be conveyed by existing storm sewer to Pond JP-69. The backyards will drain directly into Pond JP-69. The preliminary grading plan shows that the conifer trees along the north edge of Lot 1 will be saved to provide a buffer from Diffley Road. The trees on the east plat boundary along the west edge of Lot 8 will also be saved to provide a buffer between this development and the existing Northview Meadows 2nd Addition. The trees on Lots 5 and 6 will be saved and these lots can be custom graded when the new homes are constructed. This development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. Erosion control will be needed in the backyards of Lots 1-8 to prevent sediments from eroding into Pond JP-69. WATER QUALITY: Staff will recommend that this development be subject to an on-site ponding requirement of approximately 1.1 acre-feet to meet water quality treatment standards. Pond JP-69 lies within this development parcel and currently contains virtually no wet pond volume at present. The City will enlarge Pond JP-69 to create a NURP pond with approximately 2.04 acre-feet of wet volume as part of it's Diffley Road reconstruction project. No wetland areas will be filled or drained by the grading for the site. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. • l�� UTILITIES: Sanitary sewer of sufficient size, capacity and depth already exists within Daniel Drive. In addition, Lots 4 through 8 are already served by existing 4" PVC services. • A new 4" sewer service is proposed to be constructed into Daniel Drive that will connect to the existing 8" line to serve Lot 3. An existing 8" PVC sewer stub will be connected to and extended 90' north along the east side of Daniel Drive to provide sanitary sewer service to Lots I and 2. Waterrnain of sufficient size, depth, capacity and pressure also currently exists in Daniel Drive. Existing I" water services currently serve Lots 4 through 8. To serve Lots 1, 2 and 3, three new 1" copper water services will need to be cut into Daniel Drive. One new hydrant will need to be constructed on the end of the existing 6" DIP stub in Lot 2 to connect to an existing 12" water line. This new hydrant along with an existing hydrant at the intersection of Daniel Drive and Braddock Trail will provide adequate coverage for fire protection for all proposed lots. STREETS/ACCESS/CIRCULATION: All proposed lots will abut Daniel Drive and have direct driveway access from Daniel Drive. Daniel Drive is presently a 44' wide (face of curb to face of curb) City maintained street with bituminous surfacing, and it was constructed by the City in 1989. Daniel Drive has full access to Diffley Road. Daniel Drive, which becomes Lexington Pointe Parkway approximately 1/4 of a mile south of Diffley Road, will have full access to Lexington Avenue when the extension of Lexington Pointe Parkway is completed during the summer of 1993. EASEMENTS/RIGHT-OF-WAY/PERMITS: The final plat of this development will 40/ dedicate the right-of-way for Daniel Drive to provide at least 70 feet of full ROW. This development will require ponding and utility easements for Pond JP-69 up to 3' above the HWL of the pond. A 40' utility easement will be required for the existing 27" storm sewer line that is located along the lot line in between Lots 3 and 4. Tne de\elopment will be responsible for ensuring that all regulatory agency permits (MPCA. MWCC. Mn. Dept of Health, MnDNR, etc.) are obtained prior to final plat approval. FINANCIAL OBLIGATION - Lexington Meadows Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None There are levied assessments totaling $51,316 on this property. These assessments will be reallocated to the succeeding parcels. PRELIMINARY PLAT CONDITIONS FOR LEXINGTON MEADOWS ADDITION • 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, D1, El, F1, and Hl 2. There shall be no driveway access to Diffley Road. 3. Individual sanitary sewer and water services shall be provided to each lot. 4. All existing wells or septic systems located on the site shall be capped and abandoned in accordance with County regulation. 5. A hydrant shall be added to the lot line in between Lots 2 and 3 to improve the fire protection to the lots on the north end of the site. 6. The full right-of-way for Daniel Drive shall be dedicated with the final plat. S n 3 STANDARD CONDITIONS OF PLAT APPROVAL • A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. • 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 10 1"-)4 4. A separate detailed landscape plan shall be submitted overlaid on the • proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 411 1. This development shall be responsible for providing a cash dedication, pending, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Qther 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. 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DE PA PTY ENT v ° : *27/93, LOT LINES -- — T °'•";K' ,';.<< AND COUNTY RO-W — PRELIMINARY PLAT city of eogon it Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 LEXINGTON MEADOWS ADDITION - CITY OF EAGAN Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of eight lots on approximatE y 8 . 3 previously-zoned R-1 (Single Family) acres located along the north side of Daniel Drive and south of Diffley Road in the NE 1/4 of Section 26 . City Planner Sturm stated that the City acquired this property in 1988 , and in 1989 rezoned the property from multiple family to single family. He stated that the northern portion of the site is proposed to be an outlot for ponding and passive purposes. The revised site plan meets all 85 foot lot width requirements and all single-family code requirements. Pat Connelly, 921 Curry Trail , related the background of this area . He stated that there is a definite need for a park in this area . He felt it was a safety hazard trying to walk or bike to the nearest park and with the widening of Diffley Road, this will only get worse. Mr . Connelly felt that the City Council only cares how 40 much money they can get from this land. He stated that money is not everything and that the children are our future. A resident of 917 Curry Trail stated that he agreed with Mr. Connelly. When he moved into the area he was led to believe that this land would not be developed. He felt that the Park Department had been helpful, however, the City Council had not responded to the citizens' needs . Another concern was that the trees should be saved because it is a buffer between the homes and Diffley Road. Everett Strong, 885 Curry Trail , stated that he moved to Eagan in October of 1992 . He felt that jamming eight more homes into this area would not be appropriate. Eric and Mary Pousard, 913 Curry Trail, stated that they were very upset over this application. They felt this would lower their property values and that it was unnecessary to cram more homes into this area . They suggested that a park be built instead. Mary Pontrelli , 889 Curry Trail , stated that a park should not be built on this site because it would be dangerous situated near the busy intersection of Diffley Road and Daniel Drive. She suggested that a bike trail be built to Trapp Park. Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 Mr. Connelly submitted a petition to the Commission members of all the residents you were opposed to this application. He also stated that he did not receive notice in 1989 when this property was rezoned. Will Norgaard, 833 Curry Trail , stated that he supported Mr. Connelly's comments. Member Miller stated that this would not be an adequate place for a park. He does agree the City needs more neighborhood parks. City Planner Sturm mentioned that the Park Commission has reviewed this item and the Council decided to move forward with the platting of the land. Member Heyl felt that platting eight single-family lots on this piece of land was better than a park. Member Merkley concurred with Member Heyl, however, he stated that he could not support this application because he felt that the City should not be acting as a developer. It is not the City's role. He also felt that there were too many houses in the area already. Chairman Voracek agreed with Member Merkley. The City should not be developing land in the City. He felt there was the potential for the City to influence the pricing of the lots and there was a potential conflict of interest. Acting Community Developer Director Hohenstein commented that this piece of land was acquired by default and against the City' s will. Only because of mitigating circumstances is the City platting this land. He mentioned that the City Council considered this item carefully before deciding to move forward with the application. He asked that this application be decided on its merits, not on who the developer is. Member Isberg was concerned with the perception the citizens of Eagan would have with this application. Member Miller suggested that the City "get out" of this process before they develop the lots and requested that a condition be added relating to this. Member Gorman stated that he trusts the motives of the City and that the application is compatible with the existing area. 4 � �3 iPage 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 27 , 1993 Miller moved, Heyl seconded, the motion to approve a Preliminary Plat consisting of eight lots on approximately 8 . 3 previously-zoned R-1 (Single Family) acres located along the north side of Daniel Drive and south of Diffley Road in the NE 1/4 of Section 26, subject to the following conditions: 1 . These standard conditions of plat approval ad adopted by Council action on February 2 , 1993 shall be complied with: Al , B1 , B2 , B3 , B4 , Cl, C2 , D1 , El, Fl and H1 2 . There shall be no driveway access to Diffley Road. 3 . Individual sanitary sewer and water services shall be provided to each lot. 4 . All existing wells or septic systems located on the site shall be capped and abandoned in accordance with County regulation. 5 . A hydrant shall be added to the lot line in between Lots 2 and 3 to improve the fire protection to the lots on the north end of the site. 6 . The full right-of-way for Daniel Drive shall be dedicated with the final plat. 7 . The City shall transfer all the lots prior to the grading or construction on any individual lot. Miller, Heyl , Gorman voted in favor; Voracek, Merkley, Isberg voted against. Motion tied 3-3 . g To : Advisory Planning Commission City of Eagan Ron Voracek - Chairman and members of Commission Members of Eagan City Council Frcr,: Residents surrounding the parcel of land located along the north side of Daniel Drive and South of Diffley Road in the NE1 /4 of Section 26 . Apr . 2E 19g'3 We . tie residents of Northview Meadows and Lexington Point . are petitionind the Advisory Planning Commission . City of Eagan . County of Dacta and/or whoever else has authority to zone the area referred to above . to reconsider the proposed use of that parcel of land . We woul " - e it chanced to park use instead of 8 residential lots as ; r.c: , cteO b/ the attached Notice of Public Hearing . There are 771 excess of 400 children under the age of 10 living within wair: d - stance of this parcel . There is no comfortable or safe access to an park within walking distance of our developments . We de. ceratel , heed a park for this neighborhood of 400+ families . The la - cut or this parcel is not conducive to building single family homes Tie first lot at the east end of the parcel will have a very large . Lu7s - grt1 ; electric transformer in its driveway . Most of the other ll be narrow and deep with a pond running through them . This is airea ; a natural park- like area . which we feel could be put to me oetter use as a park than for more houses . We hope that you will take this petition seriously and reconsider your proposed use of this parcel of land . Thank you . • qr , _ 6 . a ta _ A • , , r , - , , / (---., r- - ..- z ( ( ( 4--Z V ' e A,'7' 7-- e•• ■ o- ' - -- ____._) Al 1 , . - _ . A . A ..... --- 2 „.. ... - - t$ -f L , , 1 , , ,/ F _. ..../ ....." /LC* .—,-4"1>,..C.- 71 ( L 7(,) I LA( L.----..- ' ( t _ . 1114:1,.41. ..,.....' _ . ,, ,i ,) , ...immiii . , . . .. =WM ./. , _ / _ I ,.) ' VI ,'', :4'C1( '/-., /L. .( .., .. CY ..• . , L-. -..\ • 1,1 \*-\ \, s r, , .., '.r. --,, - \, _1 n . ; . • -). 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Revisrons PUBIC LERI\GTON MEADOWS WORKS . t..... _ ...•.. _. _ _ DEPARTMENT r. :,' --- �S P _LIMINARY PLAT 40 _, _ ,'_ city of aapan • MEMO __city of eagan MEMO TO: Jon Hohenstein, Acting Community Development Director FROM: Kristy Marnin, Senior Plannet DATE: May 7, 1993 SUBJECT: Single-family Lot Values As requested, I have researched your question on current prices for single-family residential lots. I spoke with a local realtor and a local developer about this issue, and both indicated that standard single-family lots in Eagan are currently selling for approximately $30,000 to $35,000. Adding up to 15 feet additional width to a lot does not appreciably increase the value of a lot. Features such as trees and ponds can increase the value. Housing values in the immediate area also affect the value of lots. In the case of the proposed Lexington Meadows plat, the realtor indicated that these lots • would likely fit into the above profile, with the larger lots or those with trees and/or the pond possibly selling in the $35,000 range and the smaller lots possibly selling in the $30,000 range. If you have any questions regarding this information, please advise. �C\ • MEMO _city of eagan DATE: MAY 11, 1993 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: LEXINGTON MEADOWS ADDITION The Advisory Parks, Recreation and Natural Resources Commission met on Thursday evening, May 6, to review this preliminary plat application. Attached for your review is a chronology from the time the City acquired the property until the present. Also attached is additional information and background pertaining to this particular parcel. Commission Meeting At the Advisory Commission meeting, only one resident was present on this item. Mr. Connolly presented the Advisory Commission with a pet*ion of 400 signatures. This petition was previously presented to the City and was provided to the Advisory Commission as part of their packet. Mr. Connolly stated that it was • his desire to see the City make Lot # 8, which is directly behind his home, a park. He felt that because of the large electrical transformer sitting on the corner that the lot was unbuildable and would be best used for parks purposes. He further stated that there was no access to any nearby park and that the number of children in the area demanded some park space. The Commission then discussed the trail access to Trapp Farm Park and Mr. Connolly said that he had led the petition drive to eliminate that trail along Daniel Drive. The Commission felt that if access to a park facility was important, a trail to Trapp Farm should be considered. The Commission continued that they had made recommendations to the City Council relative to potential park usage and noted that the plan does provide for some green space along the north boundary adjacent to County Road #30. After further discussion, the Advisory Commission made their recommendations to the City Council as follows: 1. That there be no Cash Trails Dedication as the proceeds from the sale of the property will accrue to the Park Site Acquisition and Development Fund. 2. That this parcel be subject to water quality requirements providing for a pond of at least 1.1 acre feet. Related Issues Residents acjacent to Mr. Connolly had previously discussed acquisition of a portion of Lot #8 for incorporation into the back of their property. Staff has had conversations with one resident and it appears that they are not interested in pursuing this acquisition, but are still concerned about preservation of trees adjacent to their back property. In summary, it appears that there is no interest now in acquiring any or even a portion of Lot #8 by these adjacent residents as was previously discussed. KV/dj • cc. Jon Hohenstein, Acting Director of Community Development D3LEXPET/T.MEM 41111" e _city of eagan TIME LINE FOR LEXINGTON MEADOWS PARCEL 2/7/89 City Council authorized the purchase of the Lexington Diffley site from HUD 2/16/93 City Council asked that staff analyze the additional parcels, which were required as a condition of the purchase of the larger site, to determine if they should be declared surplus property or retained for parks purposes. 3/7/89 City Council authorized the northerly extension of Daniel Drive at Diffiey Road parcel to be appraised with the intent to sell as R-1 property. 4/4/89 Property was zoned to R-1. 10/92 Advisory Parks, Recreation and Natural Resources Commission reviewed the ponding design on this parcel as it tied into the Co. Rd. 30 upgrade. Neighboring residents asked to purchase a portion of the • property to act as buffer or have the City consider the option of turning the entire parcel (or a portion) into a park. Commission asked staff to visit with the neighbors to see if their concerns could be addressed. 11/92 Advisory Commission reviewed options for City Council consideration including developing all lots on site, retaining property for park purposes along with different options to provide a small "vest pocket" park on the site along with development. 12/1/92 City Council reiterated their position that this property was to be developed for sale with the proceeds to be returned to the Park Site de P p Fund. They directed staff to proceed with the development of the property as residential, attempt to grade the property to be sensitive to the remaining trees on site, and plat the property for sale. 4/27/93 Preliminary Plat application appeared before the Advisory Planning Commission. Several residents present to see if consideration would be given to providing a park on this property. Preliminary Plat denied by a 3-3 vote. 5/6/93 Preliminary Plat application appeared before the Advisory Parks, 0 Recreation and Natural Resources Commission. Similar request to maintain parkland at this site but no interest shown in purchasing a portion of the property by neighbors. C'\(?) gin of RAGAN ` t�CiGP. VVD !no sier snax ,e G V Gr',4 L 4 Ace Date , he ,44 Name In order that the Mayor and Councilmeabers have a better understanding of your background and interests, please provide the following information. (Attach extra sheets if necessary.) Nome Address 3/ aka Fh7e.vv,A )/e f r/t Phone(N) ‘/2/yr2-.-7S'oY I "4, ' .5`r./2 How long have you lived in Eagan? Z- years Eapl over `eo Y 14¢44-,-et' P r c Occupation If//5° ,,,e4.' 4-,C phone(w) " /--z / C v • Please indicate which Cora.-nittees/.Commissions you are applying for. List only those you would be seriously interested in serving. 1st Choice f4 4/,Nc C-‘..,,,,,,rr.o.,i 2nd Choice /g/f7r,ei y-Ree:c,Lr4T/o{/ 3rd Choice 4th Choice Prior experience on City Commissions, City Boards, etc. /��'��' /✓�/% S,e2G'4:0 C�/1/ 1 '3f 6, 46'64iE'05- aF ti,‘A-v Y4i2, S%/f� (�ir� 7f 'fp J 4/L f� C 0Nc1 ON v'C/tf i0tiIt '7 4-rk'/ v.�/, /'i1-of £/f7e/e G./C. R e c r i a .'f ? Ure c iS FO/Q L o rti13 J'7 -? e v i/4L /5,27-/v C,t.5 • A Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. l G f 4.'L-C,2 Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. Return to: City Administrator Date Received City of Eagan (For Office Use Only) 3830 Pilot snob Road Eagan, )O 55122 Telephone: 681-4601 mmmemmmomm I //1"1"ri (11/ About Roy Wallace. . . Roy Wallace is a public relations counselor and marketing communications consultant who serves a variety of corporate clients engaged in manufacturing, agribusiness, health care, business to business, and consumer goods, as well as activity for nonprofit organizations. He has directed communications programs on public safety issues, transportation, the arts, agriculture and consumer marketing that have received extensive professional recognition. Wallace, who led public relations firms in the Upper Midwest for more than a decade, previously held key positions in the media and corporate public relations. An award-winning broadcast journalist for ten years, Wallace was editorial director for WABC-TV and Radio in New York, the flagship stations of the American Broadcasting Company, and a reporter and editor for several key New York City news organizations. Prior to beginning his first public relations firm, Wallace was director of public relations for Cargill , Inc. and a senior public relations professional with the Consolidated Edison Company of New York. A long time member of the Minnesota Press Club, Wallace served as president and chairman and was a board member for ten years. While a broadcast newsman in New York, he was also an officer of the New York Press Club. Wallace, an accredited member of the Public Relations Society of America, is also a member of its Counselors Academy. Active in civic and charitable organizations, Wallace is a member of the executive committee of the Indianhead Council of the Boy Scouts of America. Wallace is a graduate of the State University of New York at Fredonia and earned an M.A. in Communications at New York University. Married and the father of two sons, Wallace makes his home in Eagan, Minn. December 30, 1992 City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 Dear Sir/Madam: Enclosed you will find my application for appointment to the City of Eagan Advisory Planning Commission. I believe that my background and practical planning experience position me as an attractive candidate for appointment to the Commission. For the sake of brevity, I have kept my background and interest statements short. I would be happy to provide you with a resume or further detailed information upon your request. I look forward to hearing from you upon consideration of the applications . Sincerely, Tim Worke Encl . y =TY OP RAGA 1hCY GRO Y 2IPORKATIOx FORK 12),r,/// b - 6 Date /9 - 3C:7- (12 / � �Name In order that the Mayor and Cou.ncilmembers have a better understanding of your background and interests, please provide the following information. (Attach extra sheets if necessary.) Nome Address 'S'.5 y ,C6arci , r7e Phone(R) , 95) ; //6.7 How long have you lived in Eagan? y V/ years Erp l oy e r 1/1 +c-t- D ' U 14 V4Ae -1-am S c)�-h-t1-1 U� Occupation SCCLICst!"- i►2F 1i1S C fr" (4-10,1 �� voli Phone(W) ,2YC --5367? • Please indicate which Committees/.Commissions you are applying for. List only those you would be seriously interested in serving. 1st Choice riLI CI S r''u ��}�1 i'ti1(. 2nd Choice r 3rd Choice -- 4th Choice Prior experience on City Commissions, City Boards, etc. 1\LA a N.; Citt..S •eX ev') Set VI oy (44 Lt 1S v • Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. • 5 cc, 4 cAcl,u c,,� Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. Sec ttac 0164%4- Return to: City Administrator Date Received City of Eagan (For Office Use Only) 3630 Pilot Rnob Road Eagan, )O 55122 Telephone: 681-4601 ATTACHMENT PROVIDE A SHORT PARAGRAPH SUMMARIZING WHY YOU ARE SEEKING AN APPOINTMENT TO A COMMISSION IN THE CITY OF EAGAN. I desire appointment to the Advisory Planning Commission because I am deeply interested in seeing Eagan continue to prosper and grow in a progressive yet coordinated and controlled manner. I am very committed to finding solutions that ensure that government and community services are seamless, coordinated, and cost effective. I have a deep commitment to public service and giving back to the community. Eagan is a great place to live, work, or operate a business, and I would like to be part of the solution working to keep it that way. BRIEFLY DESCRIBE YOUR BACKGROUND, EXPERIENCE, AND ANY OTHER INFORMATION NOT PREVIOUSLY GIVEN WHICH YOU BELIEVE SHOULD BE CONSIDERED REGARDING THE APPOINTMENT YOU ARE SEEKING. I am a graduate of the University of Minnesota with degrees in political science and sociology. I have worked for the Minnesota State Legislature and have an extensive background in state and federal governmental processes. This experience has helped me develop a broad familiarity with many of the issues that are likely to come before the Planning Commission allowing me to step in and be an immediate contributor. I have been employed as a Transportation Planner by the Minnesota Department of Transportation since 1987. In this capacity, I have gained valuable experience in many facets of the planning field and have served on numerous departmental and intergovernmental planning committees and task forces. Presently, I serve as the Congressional Liaison for Mn/DOT working closely with Minnesota's Congressional Delegation Staff and other federal agencies to coordinated federal transportation funding and policy for the state. CITY OP tAGAX WIGROVWD TVPORXATIOm_ZQ$M /(/))1://2V (i11�'�t'`he Date /� - 3C)- e?-2(Name In order that the Mayor and Councilsembers have a better understanding of your background and interests, please provide the following information. (Attach extra sheets if necessary.) - Home Address 7'S.5V c/J /, IA'e phone(H) 95) - //6.7 How long have you lived in Eagan? y VI years Employer / / �11/1E'Scicc Depur44'16 (.4 -Tam Occupation SCCoc� C" 1‘21115}>. )4-c Ai(,/1 ���(A✓li� '� Phone(N) 9C '33C? 1 Please indicate which Committees/.Commissions you are applying for. List only w: ose you would be seriously interested in serving. ry 1st Choice f L,LI Sr'i' P`u I1A41 2nd Choice 3rd Choice 4th Choice - • Prior experience on City Commissions, City Boards, etc. 1 r\L: -1/4-_)C?ev16xe - 't-,fir 644 ' X15 or u� j C � �c.�b'1�1.11�.StL 1,�Dq �S / 1 • • Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. • sec_ Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. S� e tia C L 1/4 C)v.-"\-- Return to: City Administrator Date Received , City of Eagan (For Office Use Only) 3830 Pilot Knob Road Eagan, K 55122 Telephone: 681-4601 11 411 ATTACHMENT PROVIDE A SHORT PARAGRAPH SUMMARIZING WHY YOU ARE SEEKING AN APPOINTMENT TO A COMMISSION IN THE CITY OF EAGAN. I desire appointment to the Advisory Planning Commission because I am deeply interested in seeing Eagan continue to prosper and grow in a progressive yet coordinated and controlled manner. I am very committed to finding solutions that ensure that government and community services are seamless, coordinated, and cost effective. I have a deep commitment to public service and giving back to the community. Eagan is a great place to live, work, or operate a business, and I would like to be part of the solution working to keep it that way. BRIEFLY DESCRIBE YOUR BACKGROUND, EXPERIENCE, AND ANY OTHER INFORMATION NOT PREVIOUSLY GIVEN WHICH YOU BELIEVE SHOULD BE CONSIDERED REGARDING THE APPOINTMENT YOU ARE SEEKING. I am a graduate of the University of Minnesota with degrees in political science and sociology. I have worked for the Minnesota State Legislature and have an extensive background in state and federal governmental processes. This experience has helped me develop a broad familiarity with many of the issues that are likely to come before the Planning Commission allowing me to step in and be an immediate contributor. I have been employed as a Transportation Planner by the Minnesota Department of Transportation since 1987. In this capacity, I have gained valuable experience in many facets of the planning field and have served on numerous departmental and intergovernmental planning committees and task forces. Presently, I serve as the Congressional Liaison for Mn/DOT working closely with Minnesota's Congressional Delegation Staff and other federal agencies to coordinated federal transportation funding and policy for the state. CST! OP RAM aliSER Vxn XW7 ORXATIOY POI X • to y w/4 41 A c s Date , he 42 Name In order that the Mayor and Councilseabars have a better understanding of your background and interests, please provide the following information. (Attach extra sheets if necessary.) - Hose Address 3/ 3k46- /%e.vvti1 fl € vt none(Ill ‘/2-/V-s-2--?-r°4( �4 CAS/ f iv/Ai fr./ / How long have you lived in Eagan? 2 years Erp l oy e r ,:ec 0 L lc G f}7'//.v1' (D/rJ.ly c 71r✓;�) Occupation Pc/6°,06,;C , Co ,„/5.,.:‘ etc phone(w) 340-'2 / o C • Please indicate which Committees/.Commissions you are applying for. List only those you would be seriously interested in serving. 1st Choice /z- ,v,ti6 c e..,,,,fr.r.o4/ 2nd Choice /9/fR,ei 7-/etes-cteti/tr/0.(/ 3rd Choice 4th Choice Prior experience on City Commissions, City Boards, etc. /?'" �� tvel j sfr/ek afro L'>/!/ ,C'JfG/piti/ 4:5" e!'s o/C' CG 0/c >#/e K i /il-7r //J 4/=4, C 0 v,v c,L 0A, "i4 tV/Si e.)4/. Pv' c, R �- r%o - f ?fre t c iS ,O2 L o c,44. d v /_/C/V/4 *-',"i/J'C • • Provide a short paragraph summarizing why you arm seeking an toga Commission in the City of Ragan. •appoint,ent ;.X )2 / / / Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. S • Return to: City Administrator Date Received , City of Cagan (For Office Use Only) 3830 Pilot Knob Road • Eagan, )0 55122 Telephone: 681-4601 III /7/.1?: About Roy Wallace. . . Roy Wallace is a public relations counselor and marketing communications consultant who serves a variety of corporate clients engaged in manufacturing, agribusiness, health care, business to business, and consumer goods, as well as activity for nonprofit organizations. He has directed communications programs on public safety issues, tra' portation, the arts, agriculture and consumer marketing tha - have received extensive professional recognition. Wallace, who led public relations firms in the Upper Midwest for more than a decade, previously held key positions in the media and corporate public relations. An award-winning broadcast journalist for ten years, Wallace was editorial director for WABC-TV and Radio in New York, the flagship stations of the American Broadcasting Company, and a reporter and editor for several key New York City news organizations. Prior to beginning his first public relations • firm, Wallace was director of public relations for Cargill , Inc. and a senior public relations professional with the Consolidated Edison Company of New York. A long time member of the Minnesota Press Club, Wallace served as president and chairman and was a board member for ten years. While a broadcast newsman in New York, he was also an officer of the New York Press Club. Wallace, an accredited member of the Public Relations Society of America, is also a member of its Counselors Academy. Active in civic and charitable organizations, Wallace is a member of the executive committee of the Indianhead Council of the Boy Scouts of America. Wallace is a graduate of the State University of Mew York at Fredonia and earned an M.A. in Communications at New York University. Married and the father of two sons, Wallace makes his home in Eagan, Minn. • III December 30, 1992 City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 Dear Sir/Madam: Enclosed you will find my application for appointment to the City of Eagan Advisory Planning Commission. I believe that my background and practical planning experience • position me as an attractive candidate for appointment to the Commission. For the sake of brevity, I have kept my background and interest statements short. I would be happy to provide you with a resume or further detailed information upon your request . I look forward to hearing from you upon consideration of the applications . Sincerely, Tim Worke Encl . • MINNESOTA DEPARTMENT OF PUBLIC SAFETY PS-9114(11-89) PHONE (612) 296-6434 LIQUOR CONTROL DIVISION 0 333 SIBLEY • ST. PAUL, MN 55101 APPLICATION FOR COUNTY OR CITY ON SALE WINE LICENSE NOT TO EXCEED 14% OF ALCOHOL BY VOLUME EVERY QUESTION MUST BE ANSWERED. If a corporation,an officer shall execute this application. If a partnership, a partner shall execute this application. Applicants Name(Business,Partnership,Corporation) Trade Name or DBA ii;// 5 /Ian s'e (Gut' r.r f ) J , .:iN6. ViLLAE f�at4SE (c2J,e" V16r) 1r j Z�G�. Business Address Business Phone Applicant's Home Phone _ 7 / /',:� 1 o U-7,f)) ( r //_rte 7l t'i y e ( b i 2 )yS-- t v l ( �iz ) 6,5',4 E;? > City ,_.. f County State Zip Code 4 Is this application If a transfer,give name of former owner License period [] New ,Renewal❑Transfer From V--/-1 3 To (,)' j--cj 3 If a corporation,give name,title,address and date of birth of each officer If a partnership,give name,address and date of birth of each partner. 1501 -:2 .5..1 Yitl°! ft Pu ; ? 1593 eiai'cl 1.c'aI k 'eel� 1.ttV4ft/ /J ! '. SS%-' Partner/Officer Name and Title ` / //. Address 'D08 Partner Officer Name and Title Address DOB Partner.'Officer Name and Title Address DOB Partner Officer Name and Title Address DOB /CORPORATIONS <, Date of incorporation V.) State of incorporation CCe_rt_ificate number Is corporation authorized to do business in Minnesota? L (-201_ 6— a),,N s�t 58--10G'0 [2 Yes ❑ No If a subsidiary another corporation,give name and address of parent corporation BUILDING AND RESTAURANT Name of building owner , Owner's address n �'� '' `t Z-4/V1 �v•) 1fl . A I'tN6"s 44.0 3 51 70 t.i s h;ivig'Dn) ,ur'.f sir,re )o..2, /..---.1.- c ro)A2✓ L. Are Property Taxes delinquent?_ 1 Has the building owner any connection,direct or indirect, Restaurant seating capacity u Yes ❑ No with the applicant? 0 Yes ® No y I Hours food will be ava lafjle 5 No of people restaurant employs No of montl';per year restaurant Will food service be the principle business i 0 ._ q ;,Jee i'`t ct r /0 will be open / ❑ - .j!' - fe,:yc !as �_ Yes No Describe the prerniseg,s to be licensed If the restaurant is in conjunction with another business(resort,etc.),describe business >/A OTHER INFORMATION 1. Have the applicant or associates been granted an on-sale non-intoxicating malt beverage 3.2) and/or a "set- up" license in conjunction with this wine license? ( Yes ❑ No nnr f y,��' z.„ 3f R 1 a, 2. Is the applicant or any of the associates in/this application a member of the county board or the city council which will issue this license? ❑ Yes {No If yes, in what capacity? _ . (If the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) 3. During the past license year has a summons been issued under the liquor civil liability(Dram Shop)(M.S. 340A802). Li Yes K No If yes, attach a copy of the summons. 4. Has the applicant or any of the associates in this application been convicted during the past five years of any violation of federal, state or local liquor laws in this state or any other state? ❑Yes 'No If yes, give date and details. 5. Does any person other than the applicants, have any right, title or interest in the furniture, fixtures or equipment in the licensed premises? ❑ Yes kiNo If yes, give names and details. 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? ❑Yes No If yes, give name and address of the establishment. I CERTIFY THAT I HAVE READ THE ABOVE QUESTIONS-AND THAT THE ANSWERS ARE TRUE AND CORRECT TO THE BEST OF MY OWN KNOWLEDGE. �, �--- �— � � X-f Sigrature?f Applicant ate The Licensee must have one of the following: CHECK ONE Xi A. Liquor Liability Insurance (Dram Shop) — $50,000 per person; $100,000 more than one person; S10,000 property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM. OR F_i B. A Surety bond from a surety company with minimum coverages as specified above in A. OR C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a market value of $100,000 or $100,000 in cash or securities. IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY I certify that to the best of my knowledge the applicants named above are eligible to be licensed. ❑ Yes ❑ No If no, state reason. _ Signature County Attorney County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows Police.Sheriff Department Name Title ^ Signanre 61A1\) �OLfC 74. 4A41"'- 144/-13 IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION, CALL 612-290-3496. CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 SUNDAY WINE SALE LICENSE New x Renewed License No. I ;> r IJko 13ti i' , as (Name of person making application) C,'e , for and in (Individual owner, officer or partner) behalf of VI' At )--1 a 14>P ( ( u r t'/ I f v'(' . (Myself, names of partners, name of corporation or association) hereby submit this application for a special Sunday Wine Sale License to run coextensive with the license year of our on-sale wine license no. for the period from Y- /- '? .- through /.2-3 /- ,3 In support of this application the information contained in our on-sale wine license application is hereby adopted. (Signature of person making application) FOR VI I16- 2 ( qaf V,ef) ...T A1(1, names of partners, name of corporation or association) DATE CITY OF EAGAN NEW _ON SALE FEE 3830 PILOT KNOB ROAD RENEWAL OFF SALE FEE EAGAN,MINNESOTA 55122 TEMPORARY TEMPORARY FEE$25.00 APPUCATION FOR NON-INTOXICATING MALT UQUOR LICENSE PLEASE PRINT APPUCANT /561/ Ye4 ti StC OWNER'S NAME (S Din e- (Last) (First) n (Middle) (Last) (First) (Middle) Address /5 9 3 oci qr.a,a/c//C it ti Address (Street) (Street) f. 1--x.1 qa$ /'/,'. ,55../.:2 Z. Phone �"- �/a (State) OP) , (City) (State) (ZP) d 6 /3 3 B lrthdate ,.;,2—,-,? — S W Phone Btrthdate TRADE NAME V/;I/q r J-I0,. i qU.e Yrr e})1,/LI e _ MANAGER'S NAME ;/7t / t it r i .ba c Address ) 7 7,2. JOu),t) Ce.v)re pY' • Address 15 9 3 ��) (First)/ / (Middle) (Street) � d��4'i'cl tR?C[ 1!l� ��'" uv4 , 112Air C S 1 a 3 (Street)(City) (State) P P) (City) ) (State) (Zip) Phone VS,.. - S 0/ r Phone egg° 65 3 Birthdate ,-a--5 HEREBY APPLIES FOR NON-INTOXICATING UQUOR UCENSE for the year /6)9.3 ,from `/ / / to /c7 / 3/ . Event: (month) (date) (month) (date) Location: (for temporary license) (Address) Are you the actual proprietor? Yes (4 No O Are you the owner of the property of the business location? Yes( ) No (4 // Has any other license of this kind been granted to you? Yes O No ( ) Where L r /y 01q/ -[� W, })e (q9 (OM (Year) Are artaxes,assessments or utility bills for the permises unpaid or deliquent? Yes ( ) No (4. If yes,give reason. • During the past year,has a summons been issued under the Liquor Civil Liability Law MS 304.A802? Yes ( ) No (4. If yes,attach summary copy. Have you ever been convicted? Yes ( ) No City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes ( ) No (1. if yes,please attach a listing of complete names,dates of birth, addresses and telephone numbers fo everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS,WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER UCENSE. I(we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE.LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. / '---------it"‘".". AUTHORIZED SIGNATURE >/trAc A , (First) (Full Middle) (Last) �/ FOR CITY USE ONLY POLICE APPROVAL: YES) NO() SIGNED ,1J/��J Y L DATED 4/-74 ' / CITY COUNCIL APPROVAL YES () NO() SIGNED DATED •